RYLAND V FLETCHER P1-SB Flashcards
LAND TORT
Definition of Rylands v Fletcher
Rylands v Fletcher is a strict liability tort where D will be liable for the escape of a ‘thing’ that they have accumulated on their land and used in a non-natural way.
Definition of a claimant + case example
A claimant can only be someone who has proprietary interest in the land. (Hunter V Canary Warf)
Definition of a defendant + case example
A defendant is someone who is an owner or an occupier on the land. (Read V Lyons held: there could be no claim as there had been no escape)
What is an accumulation?
Accumulation is the mass or quantity of a thing that has been gathered.
What is bringing the thing onto the land?
The thing must have been brought onto the land and accumulated by D. If the thing is naturally present on the land then there is no liability. (Giles V Walker held the seeds had naturally accumulated onto to D’s land so there cant be a claim)
Explain likely to cause mischief if the thing escapes + case
This is a test of foreseeability as it must be foreseeable that the thing brought onto the land must cause mischief if it escaped. (Hale V Jennings bros held that the owner was liable as the risk was foreseeable)
What is Non-Natural use of land? + case
The land must be used in a normal way Transco V Stockport defined this as a ‘extra ordinary and unusual’ use of land
Define Locality
Locality is whether the location is appropriate for the activity or whether it would be unusual for the area.
Define Quantity
Quantity is the amount of the thing stored and if it could become a non-natural use of land if the ‘thing’ is dangerous.
Define Storage
Asks how safely the ‘thing’ is stored. Something could become dangerous if it is not stored appropriately.
Explain Damaged caused by fire
Its where the ‘thing that escapes is fire there will very rarely be a claim under Rylands unless:
1. The thing accumulated had escaped not just the fire
2. There is an extraordinary or unusual use of the land
3. The fire must have been deliberately or negligently started by the occupier/defendant
4. If the fire is an ordinary use of the land then the case will not be successful
Explain Foreseeable Damage + case
The thing that escapes must cause foreseeable damage
(Cambridge water v Eastern Held: that the damage was not foreseeable and was too remote)
DEFENCE: Act Of God + case
An extreme weather condition that no human foresight can provide against
(Nichols V Marsland)
DEFENCE: Act Of Stranger + case
A trespasser who D has no control over or who caused the escape
(Perry V Kendrick Transport)
DEFENCE: Volenti Non Fit Injuria + case
Volenti is a complete defence that if c consents to harm/negligence, then c cannot claim for it.
DEFENCE: Statutory Authority
States that if the terms of an act of parliament authorises Ds action then it will be a defence
DEFENCE: Contributory Negligence
A partial defence that is if c acts unreasonable and contributes to their loss or injury, then damages are reduced in line with the responsibility of the c
