Rylands Fletcher Flashcards
the stages of proving the tort of Rylands v Fletcher can be
seen in CADNER what does it stand for
C’s legal position
Accumulation
Dangerous thing
Non-Natural use
Escape
Reasonably foreseeable damage
What is the rule of Rylands v Fletcher?
A defendant is liable if they accumulate a dangerous thing in the course of non-natural use of land, and it escapes, causing reasonably foreseeable damage.
Who can claim under Rylands v Fletcher?case
The claimant must have a legal interest in the affected land (Hunter v Canary Wharf).
Who can be sued under Rylands v Fletcher?case
The defendant the occupier or the accumulator( read v Lyon’s)
What must the defendant do for liability under Rylands v Fletcher?
Voluntarily bring something onto their land that is not naturally present.
Can liability arise from things naturally present on the land?case
No. There is no liability for naturally occurring things (Giles v Walker, Ellison v MOD).
What happened in Giles v Walker (1890)?
Seeds from thistles naturally grew and spread—D was not liable as he didn’t bring them onto the land.
What happened in Ellison v MOD (1997)?
Rainwater that flooded nearby land was naturally occurring—D was not liable
What makes an object “dangerous” under Rylands v Fletcher?
It must be likely to cause mischief if it escapes.
Give an example of a dangerous thing in case law.
Hale v Jennings Bros (1938) – A fairground chair that broke loose was considered dangerous
What does “non-natural use” mean?
A use that is extraordinary and unusual rather than commonplace.
Why was there no liability in Rickards v Lothian (1913)?
A tap overflowing was an ordinary use of a building, so not non-natural.
What did Transco v Stockport MBC (2004) say about non-natural use?
Lord Bingham said the use must be extraordinary and unusual for the time and place.
What must happen for there to be an escape?
The dangerous thing must move from land D controls to land they do not control.
Why was there no escape in Read v Lyons (1946)?
The explosion occurred on D’s land—nothing escaped.
Why was there no liability in Stannard v Gore (2012)?
The tyres were stored on D’s land, but they didn’t escape—only the fire did.
What type of damage must occur for liability?
The damage must be reasonably foreseeable.
Why was there no liability in Cambridge Water v Eastern Counties Leather (1994)?
It was not foreseeable that chemicals would seep 1.5 miles away.
Defences to Rylands v Fletcher
When is D not liable due to a third party’s actions?
Case
If the escape was caused by a deliberate and unseen act of a stranger (Rickards v Lothian).
What happened in Rickards v Lothian (1913)?
A third party deliberately blocked a tap, causing a flood—D was not liable.
Defences to Rylands v Fletcher
When can an Act of God be used as a defence?
When natural forces cause the escape and could not have been prevented.
What happened in Nichols v Marsland (1876)?
Heavy rain caused artificial lakes to flood—D was not liable.
When is D not liable under statutory authority?
If the escape occurs due to activities legally required by a statute.
Statutory Authority
hat happened in Green v Chelsea Waterworks (1894)?
A water main burst, but D was not liable because they were legally required to maintain high pressure.
