Rylands v Fletcher Flashcards
Define Rylands v Fletcher first
To make a successful claim 5 essential elements must be satisfied, D must bring on to the land or accumulate, the thing must be likely to do mischief if it escapes, there must be a non-natural use of the land by D and the thing must actually escape and cause damage.
What is the first step of the Rylands v Fletcher answer? (large storage)
Firstly, D must voluntarily bring onto their land an accumulation of a substance which escaped. This means an artificial accumulation of large amounts of material. Natural accumulation is not applicable here (Giles v Walker). Here, there has been an accumulation because…
What is the second step of the Rylands v Fletcher answer? (danger!)
The accumulated substance must be dangerous, something likely to do mischief following escape. In the case of Rylands v Fletcher even water was sufficient as it was in such large quantities. (Large quantities of chemicals are always dangerous!). Here, the accumulation dangerous as…
What is the third step of the Rylands v Fletcher answer? (you’re not normal!)
There must be a NON-NATURAL use of land. In Transco it was held that this is a use which is ‘extraordinary and unusual’. Certain activities may always lead to potential levels of danger which amounts to a non-natural use of land. Case of Cambridge Water established chemical bulk storage is non-natural. Here, there has been non-natural because…
What is the fourth step of the Rylands v Fletcher answer? (don’t leave me!)
The dangerous thing must escape, moving from the land that D controls. Read v Lyon proved that this has to move out of D’s land. Here, there has been an escape because…
What is the fifth step of the Rylands v Fletcher answer? (ok, what’s the DMG?)
The requirement that only damage that was reasonably forseeable is recoverable was introduced in Cambridge Water. Here, the damage is…
What are the potential defences for Rylands v Fletcher?
1) Act of God - unforeseeable natural event
2) Act of stranger - deliberate and unforeseen
3) No liability if C consented
4) No liability if accumulation is maintained for common benefit of both C and D.
