Rylands v Fletcher

Question 1

What are the four elements that must be proved in order for there to be a successful claim under this strict liability tort?

Answer 1

1. The bringing on to land and accumulation
2. Of a thing likely to cause mischief if it escapes
3. Which amounts to a non-natural use of land
4. Which does escape and causes reasonable foreseeable damage to adjoining property

Question 2

Who can be a claimant?

Answer 2

Someone who has an interest in the land

Question 3

Who can be a defendant?

Answer 3

Someone who owns the land or occupies it

Question 4

What must there be a bringing onto land of?

Answer 4

Accumulation of a substance

Question 5

If the thing is already naturally present on the land, can there be liability?

Answer 5

No; Giles v walker

Question 6

Is there liability for a thing that naturally accumulates on the land?

Answer 6

No, Ellison v Ministry of Defence

Question 7

The thing which the D brings on the land must be likely to do what?

Answer 7

Mischief if it escapes. It is not the escape that has to be foreseeable only the damage caused. Rylands v Fletcher, Hale v Jenning, Stannard v Gore

Question 8

What is meant by there must be a non-natural use of land?

Answer 8

This does not mean a use that is artificial or man-made, this means a use which is not common place, Transco v Southport MBC, the use was considered and Lord Bingham stated that the test should be that the use of land will only be non-natural if it is ‘extraordinary and unusual’ on the particular circumstances and time

Question 9

Reads v Lyon

Answer 9

There was no escape so the claimant could not claim

Question 10

What are the defences for Rylands v fletcher?

Answer 10

Consent
Contributory negligence
Act of stranger
Act of god
Statutory authority

Question 11

What are the remedies for Rylands v fletcher?

Answer 11

Damages