Rylands v Fletcher

Question 1

What is meant by Rylands v Fletcher?

Answer 1

D brings something onto their land and it escapes onto neighbouring land

C must have a legal interest in the land - through ownership and tenancy

D must be the accumulator or occupier - must have control over the land

Question 2

Legal principle of Rylands v Fletcher

Answer 2

D was liable because he;

1 - brought and stored water on his land

2 - natural use of the land was not storing water

3 - water could cause mischief (damage) if it escapes

4 - the water did escape and cause damage

Question 3

What are some examples of things that may cause damage to land?

Answer 3

• Water
• Gas
• Electricity
• Fire
• Animals
• Chemicals

Question 4

First test for Rylands v Fletcher

Answer 4

• D brings and accumulates onto land
• If naturally there, no liability (eg; weeds, trees)
• Can be brought on by others

Giles v Walker

Question 4

Test part 2 - Use of land is not natural

Answer 4

• Unusual/extraordinary use ‘not normal use’
• Not used for intended purpose
• eg; Storing chemicals, building without permission

Transco v Stockport

Question 5

Test part 3 - A thing likely to cause mischief if it escapes

Answer 5

Damage - gas, electricity, water, trees, objects, animals
Cambridge water v eastern leather

Question 7

Test part 4 - it escapes and causes reasonably foreseeable damage

Answer 7

• Property damage, not PI
• Thing must actually escape (eg; not smoke from a fire)
• Damage must be RF

Stannard v gore

Question 8

Defences for Rylands v fletcher

Answer 8

Act of God — full defence if not reasonably foreseeable such as extremely bad weather

Act of a 3rd party — full defence if malicious act of a stranger caused thing to escape

Statutory authority — if authorised by parliament - no liability

Consent

Contributory negligence - if c causes the nuisance/thing to escape Statutory authority