Rylands v Fletcher

Question 1

What are the facts of Rylands v Fletcher ?

Answer 1

the facts are that the defendants owend a water mill and used independent contractors to build a dam in the land in order to create a reservoir however builders filled it with water and it burst into the mine

• This held that D was at fault even though he did not do this himself , this means that this is a tort of strict liability

Question 2

What is the important rule in Rylands ?

Answer 2

The important rule is that the claimant must still have a legal interest in the land affected by the escape

Question 3

What are the important principles of Rylands ?

Answer 3

1. Something must have been accumulated or brang on to the land

2, The use of the land must be Non- natural eg Transco and Cambridge water works

3. A mischief must be created if the thing escaped - Shiffman
4. There must be an escape which causes damage Eg Ryland and the reservoir

Question 4

Have some of the rules in Rylands been modified over the years? If so what have they been modified to

Answer 4

Even though the main principles have remained , precedent has adapted the rule in many ways example
1. Does the thing collected and kept have to escape itself

2. What is the meaning if non natural use of land
3. To what extent must the thing be likely to cause mischief
4. Is foreseeability of harm needed

Question 5

What does it mean by Things collected or kept ?

Answer 5

This means that something must be Brought onto the land or accumulated- this means kept or stored Eg in Giles v Walker the trees werent brought onto the land

• There cannot be any liability for a thing that naturally accumulates eg ELSON V MINISTRY OF DEFENCE
• The thing collected or kept on rest granite co ltd

Question 6

Summarise the cases on Things colllected or kept

Answer 6

• Giles v walker. no liability for a thing that grows naturally on the land
• Elson v ministry of defence- things growing naturally does not lead to liability

Question 7

What is meant by non natural use of the land ?

Answer 7

This means that the use of the land must be Extraordinary and unusual use of the land rather than common eg in the case of Rickards v Lothian
liability arose )

Question 8

What are cases that should be used when discussing the non natural use of land ?

Answer 8

• Rickards v Lothian

Question 9

What does it mean by the thing brought onto the land must cause mischief if it escaped ?

Answer 9

This means that if the thing escaped is it likely to cause mischief this has been established in the case of Transco

Question 10

What is meant by the things stored must escape /

Answer 10

This means that the stored items must escape from the defendants property to the claimants property so that if the substance did not move from one property onto another property there cannot be any liability

Question 11

What is Rylands defined as ?

Answer 11

• Rylands is a land based tort that is an offshoot of nuisance , that aims to stop the defendant from unfairly profiting from dangerous activity

Question 12

What are the 9 rules that need to remembered for Rylands ?

Answer 12

• Who is the claimant - do they have a proprietary interest in the land ?
• Who is the defendant - do they have control over the land or the thing that is on the land
• Has there been an accumulation ? has something been brought or stored on the land
• Has their been a non natural use of the land- this means that the use is not ordinary or common
• Is it likely to cause mischief if it escaped
• Has It escaped ? Has it gone from the defendants land to the claimants
• Remoteness of damage ? was it reasonably foreseeable
• Has there been a damage ? is the damage done to the property or an injury ? if it is an injury then its likely to be negligence
• ## Are there any defences available ? eg Act of god or act of stranger

Question 13

What does the claimant have to have to have a claim in Rylands ?

Answer 13

• A proprietary interest in the land

Question 14

What does the Defendant have to have for there to be a successful claim in Rylands ?

Answer 14

• Control over the land or control over the thing that escaped

Question 15

What is meant by Accumulation ?

Answer 15

This is an important factor in rylands which refers to the idea that a person must have brought or stored something on the land eg can be seen in the case of rylands reservoir where this was brang on to the property

Question 16

What does it mean by non natural use of the land ? Give a case as an example

Answer 16

• This means that there has to be an Extraordinary , unusual use of the land as seen in Transco and Cambridge waterworks co
• If the use is ordinary and common for example comparing it to domestic use then there is no claim

Question 17

Does there need to be any likely hood of mischief ?

Answer 17

• Yes . if the thing escaped it must be likely as seen in the case of Shiffman

Question 18

Does there need to be an escape ?

Answer 18

yes- there needs to be an escape from the defendants land to the claimants
- eg Read v j Lyons ( the person was injured on the premises)

Question 19

What does it mean by remoteness of damage / WHAT case established this

Answer 19

-As established in the wagon mound 1 - which asks if the damage was foreseeable ? example case Cambridge Water Co Ltd v Eastern Counties Leather PLC

Question 20

Does there need to be any damage /

Answer 20

YES , specifically to the property ! if it is personal damage then its likely to be negligence

Question 21

What are the main defences available for Rylands

Answer 21

• Act of god ( act of nature) must be a terrible weather condition that was unforeseeable eg
• Act of stranger - this means that there must be a third party involved and that there involvement was unforeseeable eg

Question 22

What are other defences available for rylands

Answer 22

• Consent - non liability where the c gas consented to thing that has accumulated eg Peters v prince of wales theatre d was not liable
• Act of a God - Nichols v Marsland
• Act of stranger - Perry v Kendrick’s Transport
• Statutory - Charing Cross Electric Supply Co v Hydraulic Power Co [1914authority
• Contributory negligence

Question 23

What are the remedies available for Rylands

Answer 23

• A claimant must show damage to, or destruction of, his or her property in order to succeed in a claim for damages. The level of damages will be the cost of repair or replacement of the property damaged or destroyed.

Question 24

Give three evaluation points negative for RYlands

Answer 24

• Rylands is no longer useful law this is suggested by the law commission in 1978 who recommended that it should be replaced with a statutory scheme which has been reinforced through parliament who states that
• Rylands is Old Outdated law which requires interpretation from the courts becacuse of its 18th century nature eg the law on non natural use of land
• Juges have restricted the law on Rylands eg Read v lyons can only be libaility if something is brought on to the land