2B: Ryland v Fletcher Flashcards
What is Rylands V Fletcher?
-A TORT where D has brought something onto their land, which is a non-natural use of that land, which has then escaped and done damage
What pre-existing tort is Rylands V Fletcher a type of?
-A type of NUISANCE
What kind of liability crime is Rylands V Fletcher?
-STRICT LIABILITY
What does Rylands V Fletcher being Strict Liability mean?
-No fault or negligence needs to be proven
What is Rylands V Fletcher named after?
NAMED AFTER A CASE WHERE:
-Mill-owner created a reservoir on his land.
-Work = done poorly
-When the reservoir was FILLED, water flooded neighbouring mines.
What are the FOUR elements needed to be established in RYlands V Fletcher?
(1) The BRINGING on to land and accumulation/ storage
(2) Of a thing LIKELY to cause MISCHIEF if it escapes
(3) Which amounts to a non-natural use of the land, and
(4) Which does ESCAPE and causes reasonably foreseeable damage to the adjoining property
What is the requirements for parties to take action in Rylands v Fletcher?
CLAIMANTS:
-Interest in land ( own/rent/proprietary interest)
DEFENDANTS:
-Owner/Occupier of land
-Have SOME control over land
What is a case example for the Defendant needing to be Owner/Occupier of land?
-Read V Lyons
What is element (1) of Ryland v Fletcher?
Element (1) The bringing onto land
What are the 2 RULINGS for element (1) The bringing onto land AND EXAMPLES for each?
1) If the thing is naturally present= no liability
(Naturally spreading weeds, Giles v Walker)
2) Something that naturally accumulates = no liability
(Rainwater, Ellison v Ministry of Defence)
What is element (2) of Ryland v Fletcher?
-The thing is likely to do mischief if it escapes
What is the general RULING for element (2) The thing is likely to do mischief if it escapes + WHAT DOES THIS MEAN?
1) It is foreseeable that the thing will cause damage if it does escape
MEANS: it is the DAMAGE that must be foreseeable, NOT the escape
What are some of the examples that the courts have included for element (2)?
1) Gas and electricity
2) Poisonous fumes
3) A flag pole
4) Tree branches
What is a case example for element (2) AND what happend?
-Hale v Jennings Bro
-Chair-o-plane car became detached from a fairground ride
What is a case example for type of damage in element (2) AND what was the RULING?
-Transco v Stockport Metropolitan BC
-Damage CANNOT be personal injury
What is the ruling for FIRE for elemnt 2?
-Fire from adjoining property COULD fall within R v F
Why are cases of FIRE in R v F rare?
BECAUSE:
-THING brought onto the land must escape, NOT the fire which was started/ made worse by the thing
THIS MEANS=If you bring matches, and those matches start a fire, and the fire spreads, you’re only in trouble if the matches themselves fly over and cause damage — not just because the fire spread.
-Fire = deliberately or negligently started by the occupier
-Starting a fire on one’s land may be an ordinary use of land EG: Barbecue, bonfire- so MUST BE UNORDINARY
What is the case example for fire in element (2)?
-Stannard v Gore
What is element (3) in R v F?
- A non-natural use of land
Who defines element (3) A non-natural use of land AND in what case?
Lord Moulton, in Rickards v Lothian
What did Lord Moulton define element (3) A non-natural use of land as?
- “must be some special use bringing with it increased danger to others,
-‘‘not…ordinary use….a use… general benefit of the community’’
What is the general ruling for element (3)?
-Extraordinary/unusual use of land
-May be extraordinary at one circumstance, but not so at another
What is a case example for a NON-NATURAL use of land + its ruling?
-Cambridge Water Co v Eastern Counties Leather
= storage of chemicals at factory was NON-NATURAL
What is a case example of a NATURAL use of land + its ruling?
-Rickards v Lothian
= use of water in domestic taps was a natural use of land
