Rylands v Fletcher

Question 1

what is the definition of rylands v fletcher

Answer 1

where a person’s property is damaged or destroyed by the escape of non-naturally stored material onto adjoining property

Question 2

what is the rule for the parties in rylands v fletcher

Answer 2

C-must have interest in the land

D-must be owner or occupier and have some control over the land (Read v Lyons)

Question 3

what is the first step of rylands v fletcher and what are the cases

Answer 3

bringing onto an accumulation

• must be not naturally present on the land
• no liability if substance is naturally present (Giles v Walker)
• no liability for substance that naturally accumulates (Ellison v Ministry of Defence)

Question 4

what is the second step and cases for rylands v fletcher

Answer 4

of a thing likely to cause mischief if it escapes

• test of foreseeability
• not the escape that must be foreseeable but some form of mischief
• don’t need to link to actual damage caused

(Hale v Jennings Bros)

Question 5

what is the third step and cases for rylands v fletcher

Answer 5

which amounts to non-natural use of the land

• must be non-natural use of the land (Rylands v Fletcher)
• must be extraordinary and unusual use of the land-not storage of things associated with domestic use (Transco plc v Stockport Metropolitan Borough Council)
• amount of thing stored will be relevant (Cambridge Water Co. v Eastern Counties Leather plc.)
• technological and lifestyle changes
• (Richards v Lothian)

Question 6

what is the fourth step for rylands v fletcher

Answer 6

which escapes and caused reasonably foreseeable damage to adjoining property

• must escape from one property to adjoining one (Read v Lyons)
• damage to adjoining property must be reasonably foreseeable and not too remote (Cambridge Water Co. v Eastern Countries Leather plc.)
• causation-is actual damage caused reasonably foreseeable?

Question 7

what are the cases for fire in rylands v fletcher

Answer 7

(LMS International Ltd v Styrene Packaging and Insulation Ltd)

(Stannard v Gore)-claim not usually allowed for fire as the thing brought into land must escape not the fire started by the thing)

Question 8

what are the defences and cases to rylands v fletcher

Answer 8

acts of a stranger-if stranger over whom D has no control is the cause of escape D may not be liable (Perry v Kendricks Transport Ltd.)

acts of god-extreme weather conditions that “no human foresight can prove against” (Nichols v Marsland)

consent-if C constants to the thing being accumulated by D

contributory negligence

statutory authority-if act of parliament authorised D’s actions

Question 9

what is the rule for remedies in rylands v fletcher

Answer 9

damages-C must show damage to it destruction of property

cant claim for personal injury

Question 10

what is the rule on fault in rylands v fletcher

Answer 10

no fault tort-reason for or how the escape occurred does not need to be proved

even if escape not D’s fault can still be liable

even if D careful not a defence