RVF Flashcards
Rylands V Fletcher is a
strict liability tort. meaning C will not have to prove that D is at fault. They will only need to prove that D is liable.
The claimant and the defendant must have
legal interest in the land. Where they are the owner or renter in the land.
How many steps?
4
- D must
bring it onto his land. D stores it on his land.
- It is
an unnatural use of land.
Transco
Council water pipe leaked, exposing gas pipe. Claim failed as supply of water is considered to be natural.
- The stored
item escapes. It leaves Ds land and goes to another place. Usually Cs land
Wyverne Tyres
Tyres caught fire. The fire escaped, but the tyres that were being stored did not.
- Causing
reasonably foreseeable damage to cs land. Only the damage needs to be foreseeable, not the escape.
Cambridge Water
D stored chemicals on his land that escapes. ‘mori bound tort’.
How many defences to
5
Volenti
Defences of consent. Where consent is given from C to D to store the item
Act of a stranger
When someone else causes the escape.
Act of god
Where the escape is caused by unforeseen extreme weather conditions.
Statutory authority
Where an act of parliament or the local authority gives you permission to store the item.
Contributory negligence.
Where C is partly responsible for the escape of the stored item.
Damages/remedy
Damages will be awarded to c as a remedy. C cannot claim for personal injury, only damage to land.
State The Law
A strict Liability Tort. Meaning that D does not have to be found guilty. C just needs to prove that D is liable.
Described as a ‘moribund’ tort
The claimant must have legal interest in the land. Where C is either the claimant or the tenant.
The defendant must also have legal interest in the land.
D must meet all 4 criteria for the tort.
1. D brings it onto his land. D stores it on his land.
2. It is an ‘unnatural’ use of land. Meaning extraordinary or unusual use of land. If whatever escapes is already naturally present on the land, D will not be liable. Transco
3. The stored item escapes. It leaves Ds land and usually goes onto cs.
4. Causing reasonably foreseeable damage to Cs land. Only the damage needs to be foreseeable, not the escape.
Defences
- Volenti, Act of a stranger, Act of God, Statutory Authority, Contributory negligence
Damages will be awarded to c as a remedy. C cannot claim for personal injury. Only damage to land.
