R V F Flashcards
Definition
Where the escape of non naturally stored material onto adjoining property damages/destroys that property
Why is R v F a strict liability tort
Because there is no requirement to show fault, D can be liable even if they have taken care to avoid the escape
What must the claimant have in order to make an R v F claim
A legal interest in the land affected
What must the defendant be in order for an R v F claim to take place
D must be an owner or occupier of the land (Read v Lyons)
What are the 5 elements to an R v F claim
- D must bring hazardous thing onto their land and keep it there
- Non natural use of land
- Thing likely to ‘do mischief’ if it escapes
- Escape + damage
- Foreseeability/remoteness of damage
What mnemonic is used to help remember these and the tort it applies to
Rylands house never makes easy floods
(H - harzardous, N - non natural use, M - mischief, E - escape + damage, F - foreseeability / remoteness)
Outline ‘the defendant must bring a hazardous thing onto their land and keep it there’
- there is no liability for D if the thing that escapes is already naturally present on the land. E.g. weeds
(Giles v Walker)
Thing that escapes doesn’t need to be thing accumulated
Outline ‘a non natural use of land’
Use of land must be ‘extraordinary and unusual’
(Transco PLC V Stockport)
This is hard to test because courts are so strict on it
Outline ‘thing is likely to do mischief if it escapes’
-test of foreseeability - harm/mischief must be a foreseeable consequence of an escape
(Transco v PLC Stockport)
Outline ‘escape and damage’
- c must prove the substance brought onto D’s land did escape and was the cause of the damage suffered by C
(Read v J Lyon’s)
Outline ‘foreseeability/remoteness of damage’
Damage must be reasonably foreseeable
(Cambridge water co v eastern countries leather)
What are the defences to a R v F claim
Contributory negligence
Consent
Act of a stranger
Act of god
Statutory authority
What 3 defences are only applicable to an R v F claim
- Act of a stranger
- Act of god
- Statutory authority
Outline ‘act of a stranger’ as an R v F defence
If a 3rd party independently causes the escape, D may not be liable
Outline ‘act of god’ as an R v F defence
If an unforeseeable event which is not practical to prevent occurs, e.g. a hurricane, D may not be liable
Outline ‘statutory authority’ as an R v F defence
If the terms of an act of parliament authorise the activity on the land, D may not be liable
What are the remedies in regards to a R v F claim
C must show damage/destruction in order to claim for damages, the level of damages will cover the cost of repair/replacement of any property damaged or destroyed
