Rylands v Fletcher

Question 1

What type of liability is it?

Answer 1

Strict Liability

Question 2

What does strict liability mean?

Answer 2

Defendant may be liable without being negligent.

Question 3

Case details?

Answer 3

Constructed reservoir
above disused mine shaft
Spread to neighbouring mine owned by claimant
Causing extensive damage

Question 4

What are the requirements for an action in Rylands v Fletcher: (5)

Answer 4

Accumulation on the defendant's land
A thing likely to do mischief if it escapes
Escape
Non-natural use of land
The damage must not be too remote.

Question 5

Accumulation requirements 1

Answer 5

Defendant must bring hazardous thing onto land and keep it there - Giles v Walker

Question 6

Accumulation requirements 2

Answer 6

The thing must be accumulated for the defendants own purposes - Dunne v North West Gas Board

Question 7

Accumulation requirements 3

Answer 7

The thing that escapes need not be the thing accumulated - Miles v Forest Rock Granite

Question 8

Does the thing need to be inherently dangerous?

Answer 8

No, need only be a thing likely to cause damage if it escapes. - Hillier v Air Ministry - Electricity.

Question 9

Can you claim for personal injury?

Answer 9

No, Lord Hoffmann stated that it is ‘a tort against land’ which means ‘damages for personal injuries are not recoverable’

Question 10

Escape.

Answer 10

Must be an escape from defendants land. Read v Lyons

Question 11

Will an injury from accumulation only invoke liability?

Answer 11

No, must escape.

Question 12

What does Non-natural use of land mean?

Answer 12

it means the use must be ‘extraordinary and unusual’

Question 13

Can a use be extraordinary in one place but not in another?

Answer 13

yes. TransCo v Stockport

Question 14

What is the key case for remoteness of damage?

Answer 14

Cambridge Water v Eastern Counties Leather

Question 15

Is there liability for pure economic loss?

Answer 15

No - Weller v Foot and Mouth Disease Research Institute

Question 16

What is the case for the rules of remoteness?

Answer 16

Wagon Mound

Question 17

Wagon Mound

Answer 17

Fire destroyed boats

The type of damage must be foreseeable, not the extent of the damage.

Question 18

Weller v Foot and Mouth Disease Research Institiute

Answer 18

Virus escaped, affecting cattle making them unsaleable

No liability of pure economic loss

Question 19

Cambridge Water v Eastern Counties Leather

Answer 19

Spillages caused borehole to stop being used.

Wasn’t reasonably foreseeable that it would cause the closing of borehole

Question 20

TransCo v Stockport

Answer 20

Water pipes leaked and damaged gas supply.

Was not un-natural use of land.

Question 21

Read v Lyons

Answer 21

Explosion killed man. No negligence.

No escape

Question 22

Hillier v Air Ministry

Answer 22

Electricity cables caused cows to be electrocuted.

Was liable as it was non-natural use of land - although potentially natural nowadays.

Question 23

Miles v Forest Rock Granite

Answer 23

Blasting rocks, flew onto highway and injured.

Accumulation- Explosives accumulated

Question 24

Dunne v North West Gas Board

Answer 24

Gas escaped due to water main, ignited along a sewer and caused injury. Was not accumulated for Gas Boards own purposes

Question 25

Giles v Walker

Answer 25

Thistles blew into neighbours land and damaged crops.

D did not bring the thistles onto his land, and no liability for naturally accumulating things.

Question 26

What are the 5 defences?

Answer 26

Act of stranger
Wrongful act of a third party
Act of God
Statutory authority
Consent/benefit