23.2 Rylands v Fletcher

Question 1

What is a (Rylands v Fletcher) Offence?

Answer 1

A strict liability tort for the escape of dangerous things

Question 2

What must someone have in the land to bring a claim of Rylands v Fletcher

Answer 2

Interest in the land
(Hunter v Canary Wharf)

Question 3

What must the defendant be?
In Rylands v Fletcher?

Answer 3

The owner or occupier: “someone with sufficient control over land”
(Read v Lyons)

Question 4

What are the 4 elements of (Rylands v Fletcher)

Answer 4

1. A ‘thing’ accumulates or is brought onto the D’s land.
2. The ‘thing’ is likely to cause damage if it escapes.
3. Storage of ‘thing’ is an unnatural use of the land.
4. The ‘thing’ escapes and causes foreseeable damage

Question 5

First element of (Rylands v Fletcher)

Answer 5

A thing accumulates or is brought onto the D’s land.

The natural growth of things e.g. weeds does not qualify for Rylands v Fletcher: (Giles v Walker)

Question 6

Second element of (Rylands v Fletcher)

Answer 6

The ‘thing’ is likely to cause damage if it escapes

• The escape does not have to be foreseeable, just the damage.
• Gases are likely to (Batchellor v Turnbridge)
  -poisonous fumes
• tree branches

Question 7

Third element of (Rylands v Fletcher)

Answer 7

Storage of the ‘thing’ amounts to an unnatural use of the land

(Transco PLC v Stockport)
- Extraordinary or unusual use.
- Storage of domestic goods is cool
- Storage of potentially hazardous is a no no

Question 8

Fourth element of (Rylands v Fletcher)

Answer 8

The ‘thing’ escapes and causes foreseeable damage.

(Crown River v Kimbolton)
- Escape can be accidental or intentional.

Question 9

What defences are there to (Rylands v Fletcher)?

Answer 9

• Act of God (Nichols v Marsland)
• Volenti
• Contributory Negligence
• Statutory authority

Question 10

Remedy for (Rylands v Fletcher)

Answer 10

Damages