Rylands v Fletcher Flashcards
What is the tort of RvF?
When material is brought onto land, allowed to accumulate and escapes onto adjoining property, causing damage
RvF requires these elements to be satisfied
- 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
Who is a C?
Someone who has an interest in the affected land
Either due to an equitable interest (owner) or has exclusive possession of it (tenant)
Claimant authority
Hunter v Canary Wharf
Who is a D?
A D must have some control over the land on which material is stored
Defendant authority
Read v Lyons
If the material is natural, the accumulation must be caused by an unnatural process
Rylands v Fletcher
There is no liability for things naturally on the ground, ie. spread thistles from ploughed land
Giles v Walker
The thing brought onto the land must be likely to cause mischief if it escapes
Hale Jennings Bros
The thing itself doesn’t have to be inherently dangerous
Shiffman v Grand Priory
Examples of things which can cause mischief
- Fairground ride chair - Hale v Jennings
- Gas - Batchelor
- Electricity - Hillier
There must be an escape from the land which the D controls
Hunt
Or the escape must arise from circumstances the D can control
The damage must occur from the thing brought onto the land, not a by-product of it (eg. fire)
Stannard v Gore
The thing that escaped must have caused damage
Read v Lyons
The damage caused must be reasonably foreseeable
Cambridge Water Co
The land must have been used in ‘exceptionally dangerous, extraordinary or unusual way’
Transco v Stockport MBC (2004)
Things stored in large quantities can be a non-natural use of the land
Mason v Levy
If a stranger has been the cause of the thing escaping, the D won’t be liable
Act of a Stranger
The D will not be liable if the C was aware of the risk and consented to it
Volenti non fit injuria
Peters v Prince of Wales Theatre
Defence is available if weather conditions are unforeseeable and extreme
Act of God
Nichols v Marshland
If the terms of an Act of Parliament authorise the D’s action, defence is available
Statutory authority
Charring Cross Electric Co
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
Contributory Negligence
Which remedy will C receive?
Compensatory damages
How will a C prove for a claim?
Must show damage, or destruction to their property
