Rylands V Fletcher Flashcards
What type of Tort is Rylands v Fletcher
Strict liability
What are the 4 elements that must be proved for a successful claim
- The bringing onto land and accumulation
- Of a thing likely to cause mischief if it escapes
- Which amounts to a non-natural use of land
- Which does escape and causes unforeseeable damage to adjoining property
What must the claimant have?
An interest in the land ie. Tenancy, ownership
What must the defendant be?
An occupier or owner of the land
What are the rules regarding bringing onto land and accumulation
No liability for something which naturally accumulates land, Ellison v MoD
No liability for something naturally present on the land, Giles v Walker
What are the rules regarding the mischief if the thing escapes?
The damage caused has to be reasonably foreseeable not the escape
Was the mischief accepted in Rylands v Fletcher?
Yes, it was held water is likely to cause mischief if it escapes
Was the mischief accepted in Stannard v Gore
No, the tyres were not likely to cause mischief if escaped only the resulting fire was
What are the rules regarding a non natural use of land?
A use which is not common
Lord Bingham - ‘extraordinary and unusual’ in the particular circumstances and time
What case supports a non natural use of land?
Transco v Southport - was a natural use of land decided by Lord Bingham
What case is used for foreseeable damage?
Reads v Lyon - no escape so the claimant couldn’t claim
What defences are available to D?
- Consent - accept risk
- Contributory negligence - Sayer v Harlow
- Act of stranger - Perry v Kendrick’s LTD
- Act of God - Nicholas v Marshland
- Statutory authority
