Rylands v Fletcher

Question 1

What is the tort of RvF?

Answer 1

When material is brought onto land, allowed to accumulate and escapes onto adjoining property, causing damage

Question 2

RvF requires these elements to be satisfied

Answer 2

• a thing was brought and accumulated on the D’s land
• the thing is likely to cause mischief if it escapes
• the thing does escape
• it causes foreseeable damage
• use of land was non-natural

Question 3

Who is a C?

Answer 3

Someone who has an interest in the affected land
Either due to an equitable interest (owner) or has exclusive possession of it (tenant)

Question 4

Claimant authority

Answer 4

Hunter v Canary Wharf

Question 5

Who is a D?

Answer 5

A D must have some control over the land on which material is stored

Question 6

Defendant authority

Answer 6

Read v Lyons

Question 7

If the material is natural, the accumulation must be caused by an unnatural process

Answer 7

Rylands v Fletcher

Question 8

There is no liability for things naturally on the ground, ie. spread thistles from ploughed land

Answer 8

Giles v Walker

Question 9

The thing brought onto the land must be likely to cause mischief if it escapes

Answer 9

Hale Jennings Bros

Question 10

The thing itself doesn’t have to be inherently dangerous

Answer 10

Shiffman v Grand Priory

Question 11

Examples of things which can cause mischief

Answer 11

• Fairground ride chair - Hale v Jennings
• Gas - Batchelor
• Electricity - Hillier

Question 12

There must be an escape from the land which the D controls

Answer 12

Hunt

Question 13

Or the escape must arise from circumstances the D can control

Question 14

The damage must occur from the thing brought onto the land, not a by-product of it (eg. fire)

Answer 14

Stannard v Gore

Question 15

The thing that escaped must have caused damage

Answer 15

Read v Lyons

Question 16

The damage caused must be reasonably foreseeable

Answer 16

Cambridge Water Co

Question 17

The land must have been used in ‘exceptionally dangerous, extraordinary or unusual way’

Answer 17

Transco v Stockport MBC (2004)

Question 18

Things stored in large quantities can be a non-natural use of the land

Answer 18

Mason v Levy

Question 19

If a stranger has been the cause of the thing escaping, the D won’t be liable

Answer 19

Act of a Stranger

Question 20

The D will not be liable if the C was aware of the risk and consented to it

Answer 20

Volenti non fit injuria
Peters v Prince of Wales Theatre

Question 21

Defence is available if weather conditions are unforeseeable and extreme

Answer 21

Act of God
Nichols v Marshland

Question 22

If the terms of an Act of Parliament authorise the D’s action, defence is available

Answer 22

Statutory authority
Charring Cross Electric Co

Question 23

Where the C is partly responsible for the escape of the thing, the Law Reform (Contributory Negligence) Act 1945 applies and damages may be reduced, depending on the C’s responsibility

Answer 23

Contributory Negligence

Question 24

Which remedy will C receive?

Answer 24

Compensatory damages

Question 25

How will a C prove for a claim?

Answer 25

Must show damage, or destruction to their property