Rylands v Fletcher

Question 1

General rule

Answer 1

D is liable if on his land they accumulate a dangerous thing in the course of non- natural use of land and that thing escapes and caused reasonably forseeable damage (Rylands v Fletcher).

Question 2

Proving liability

Answer 2

SIX elements must be proven/ shown by C.

Question 3

1. C’s position

Answer 3

C must have a legal interest in the land affected (Hunter v Canary Wharf).

Question 4

2. Accumulation

Answer 4

D must have voluntarily brought accumulation on land + must be artificial (Giles v Walker).

Question 5

3. Dangerous thing

Answer 5

Substance accumulated must be dangerous and pose ‘exceptional risk’ (Transco).

Question 6

4. Non-natural use of land

Answer 6

Extraordinary/ unusual + not ordinary use of land (Transco).

Question 7

5. Escape

Answer 7

C must show that the substance escaped + moved from land that D controls to land that they do not control (Read v Lyons).

Question 8

6. Reasonably foreseeable damage

Answer 8

Only damage that is reasonably foreseeable can be recovered (Cambridge Waters v Eastern Counties Leather).

Question 9

Defences

Answer 9

a. Act of stranger (Rickards v Lothian)
b. Statutory authority (Nicols v Marsland)
c. Common benefit (Peters v PoF Theatre)
d. C’s own fault (Dunn v B’ham Canal Co)

Can consider consent + contributory negligence.

Question 10

Remedies

Answer 10

1. Injunction (Miller v Jackson)
2. Damages - physical damage (Hunter v Canary Wharf). Loss must be reasonably foreseeable (The Wagon Mound No 2).