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

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

Test part 1 - D brings and accumulates onto land

Answer 4

• If naturally there, no liability (eg; weeds, trees)
• Can be brought on by others

Question 4

Legal principle of Giles v Walker

Answer 4

Not liable - D had not brought and stored the weeds on his land - they were naturally growing

Question 5

Test part 2 - Use of land is not natural

Answer 5

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

Question 5

Legal principle of Transco v Stockport

Answer 5

Not liable - use of land must be extraordinary

Question 5

Legal principle of Read v Lyons

Answer 5

Not liable - the thing (bullet shell) did not escape

Question 5

Legal principle of Cambridge water v Eastern Leather

Answer 5

Not liable - not reasonably foreseeable that this mischief would be caused

Question 6

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

Answer 6

Damage - gas, electricity, water, trees, objects, animals

Question 6

Test part 4 - it escapes and causes reasonably foreseeable damage

Answer 6

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

Question 7

Legal principle of Stannard v Gore

Answer 7

Not liable - the thing (tyres) did not escape, the fire did - also was a natural use of land (tyre business)