10 - Tort - Ryland v Fletcher

Question 1

What is the rule in Rylands v Fletcher?

Answer 1

Where something escapes from D’s land to C’s land causing foreseeable damage
🐅🏡🧐🏚️

Question 2

Who can sue under Rylands v Fletcher?

Answer 2

Must have proprietary interest in land affected
🏡

Question 3

Who can be sued under Rylands v Fletcher?

Answer 3

• Person who brings, collects & keeps the thing onto the land 🎪
• Person who has control over the land (owner/occupier) 👫🎩

Question 4

What damage is recoverable for Rylands v Fletcher?

Answer 4

• Property damage 🏚️
• Consequential econ loss 💰

Question 5

What are the requirements for Rylands v Fletcher?

Answer 5

1. C must suffer some damage 🏚️
2. D brings thing onto land & accumulates there for own purposes 🐅
3. The thing is likely to do mischief if it escapes (must be exceptionally high risk) 🤪🧨
4. Escape (can be slow, over a period of time) 🚪
5. Escape causes foreseeable harm 🧐
6. Non-natural use of land (must be extraordinary & unusual) 👽

Question 6

what cases are there demonstrating “brings onto land” under Rylands v Fletcher?

Answer 6

• spread of thistles were not brought onto land
  🪻

Question 7

what cases are there demonstrating “mischief” under Rylands v Fletcher?
🤪🧨

Answer 7

pipe carrying water that burst was not ‘exceptionally high risk’ and therefore not likely to cause nuisance.
💧🪈❌🧨

Question 8

what cases are there demonstrating “escape” under Rylands v Fletcher?
🚪

Answer 8

held tyres on his land which caught fire. Held no RvF as it was the fire that had escaped, not the tyres
🛞 🔥

Question 9

what cases are there demonstrating “foreseeable harm” under Rylands v Fletcher?
🧐

Answer 9

leather chemical plant had concrete flooring. Chemicals seeped into soil causing damage to C’s borehole 1.3 miles away - claim failed as not reasonably foreseeable that concrete would leak causing damage.
👞💧🪣

Question 10

What defences are there for Rylands v Fletcher?
🤺

Answer 10

Same for public nuisance &:
- statutory authority 🇬🇧
- Common benefit 🌍
- Consent 🤝
- Contributory negligence 🤝🕳️
- Act of claimant caused escape 🤕🚪
- Act of 3rd party (unforeseeable act of a stranger over whom they had no control) 🥸
- Act of God (unforeseeable natural event)🧔‍♀️

Question 11

what cases are there demonstrating “common benefit” defence under Rylands v Fletcher?
🌍

Answer 11

theatre’s sprinkler system went off damaging shop next door. Held that system was for benefit of shop.
💦🏪❌

Question 12

what cases are there demonstrating “act of claimant” defence under Rylands v Fletcher?
🤕🚪

Answer 12

C dug under D’s canal causing a flood on C’s land.

👷🌊🤦‍♂️

Question 13

what cases are there demonstrating “statutory authority” defence under Rylands v Fletcher?
🇬🇧

Answer 13

D was under an obligation to lay a high pressure water pipe. No liability when it burst.
📄🪈🌊

Question 14

what cases are there demonstrating “act of god” defence under Rylands v Fletcher?
🧔‍♀️

Answer 14

D had pools on his land, v. heavy rain caused them to burst damaging C’s bridges. No liability as rain act of nature that was unforeseeable

🏊‍♂️🌧️🌊🧐❌

Question 15

What remedies are there for Rylands v Fletcher?

Answer 15

• Damages 🪙
• Injunction 🚦