Paper 2.10 - The Tort of Rylands v Fletcher

Question 1

What are the case facts of Rylands vs Fletcher?

Answer 1

D hires contractors to make a reservoir. The contractors negligently failed to block off a mineshaft they found while digging. When the reservoir was filled, water flooded into part of C’s mines, causing the tort.

Question 2

RvF is a strict liability tort. What does this mean?

Answer 2

D can be liable without being negligent; D only needs to commit the tort, their mental state is irrelevant.

Question 3

What can you claim for in an RvF tort?

Answer 3

Property; NOT personal injury (negligence/OLA).

Question 4

In an RvF tort, C must have what in order to be able to claim?

Answer 4

An interest in the land (e.g. own / rent) under Hunter.

Question 5

In an RvF tort, D must be who?

Answer 5

The person who occupies the land where the ‘thing’ is stored.

Question 6

What are the four elements for a RvF tort?

Answer 6

1. D brings a thing onto his land and it accumulates.
2. Thing is likely to cause mischief if it escapes.
3. Thing escapes and causes reasonable damage.
4. D’s use of his land is non-natural/extraordinary and unusual.

Question 7

In an RvF tort, D must bring a thing on to his land. What two qualities must the ‘thing’ have?

Answer 7

Not naturally occurring e.g. tyres in Stannard.
Potentially hazardous e.g. flammable materials in Harooni.

Question 8

In an RvF tort, the thing must be likely to cause mischief if it escapes. In Stannard, was D liable for his storage of tyres and why?

Answer 8

D’s liability was overturned in the Court of Appeal; tyres aren’t inherently dangerous, and they did not ‘escape’.

Question 9

In an RvF tort, the thing must escape and cause reasonable damage to the land. What is a case study of this and what were its facts?

Answer 9

Cambridge Water
D stored tanning chemicals. Frequent spillages seeped through the concrete and polluted an area of river where Cs extracted water for the local population. HoL decided that the damage was too remote and found D not liable.
ALSO Transco.

Question 10

In an RvF tort, the thing must escape and cause reasonable damage to the land. In this element, which of the following must be foreseeable: the thing escaping or the damage?

Answer 10

The thing’s escape: does not need to be foreseeable e.g. the tyres’ escape in Stannard was not foreseeable.
The damage: must be foreseeable e.g. the damage to the river was unforeseeable in Cambridge Water.

Question 11

In an RvF tort, D’s use of his land is non-natural/extraordinary and unusual. What three things have precedent telling us they are natural uses of land?

Answer 11

1. domestic water supply (Rickards).
2. things in small quantities (Harooni).
3. things that provide public benefit. (British Celanese)

Question 12

In an RvF tort, domestic water supply is a natural use of land. What case tells us this?

Answer 12

Rickards
Unknown person turned on water taps which led to damage on d’s premises, causing damage to apartments below. D was not liable.

Question 13

In an RvF tort, things stored in large quantities can be extraordinary. What case tells us this?

Answer 13

Harooni
D had flammable materials totalling 200 000 L in his warehouse. The material help spread a fire to C’s neighbouring warehouse, destroying it. Although C was not liable, his storage of material was deemed extraordinary.

Question 14

In an RvF tort, things that provide a public benefit can be natural. What case tells us this?

Answer 14

British Celanese
D stored metal strips for making electrical components. One of these strips was blown by the wind onto C’s land, causing an electrical failure. Court held that D’s use of land was natural.

Question 15

What are the six defences to RvF?

Answer 15

Act of a stranger
Act of God
Statutory Authority
Common benefit
Contributory negligence
C’s fault

Question 16

In an RvF tort, what is the act of a stranger defence and name one case study?

Answer 16

D is not liable when a stranger d has no control over causes the damage.
Rickards
Unknown person turned on water taps which led to damage on d’s premises, causing damage to apartments below. D was not liable.
ALSO Ribee

Question 17

In an RvF tort, what is the act of God defence and name one case study?

Answer 17

D is not liable when extremely improbable conditions are fulfilled e.g extreme weather conditions.
Carstairs
Rats ate through D’s gutters, allowing water to leak through and damage C’s rice during a heavy storm. D was not liable.

Question 18

In an RvF tort, what is the statutory authority defence and name one case study?

Answer 18

An Act of Parliament has authorised D’s actions.
Green v Chelsea Waterworks
Water pipe burst due to high water pressure and damaged C’s land. A statute afforded D the right to high water pressure.

Question 19

In an RvF tort, what is the common benefit defence and name one case study?

Answer 19

If C receives a benefit from the thing’s accumulation, they consent to it.
Peters
D’s shop was damaged when C’s sprinkler system burst. D received the defence as C benefitted from the sprinklers.

Question 20

In an RvF tort, what is the contributory negligence defence and the Act that introduced it?

Answer 20

PARTIAL DEFENCE; damages may be reduced if C is partially responsible for the escape of the thing.
Contributory Negligence Act 1945

Question 21

In an RvF tort, what is the C’s fault defence and name one case study?

Answer 21

If the escape is the fault of C, they will be unsuccessful in their claim. Dunn v Birmingham Canal
C completed mining operations under D’s canal; the mining caused water to escape and damage C’s mine.chg vhg