Rylands v Fletcher

Question 1

What is the first part of Rylands V Fletcher?

Answer 1

The C may be able to claim against the D under Rylands v Fletcher.
This is defined by Rylands v Fletcher as where the D brings something into their land and stores it there. It escapes and causes damage to the C’s land. This is a strict liability offences so there is no defence just because the D acted with care and attention.

Question 2

What is the second part and the 1st stages to claim?

Answer 2

There are 4 stages to claim;
1) A non-natural use of the land - Firstly, there must be non-natural use of the land which means D has brought something into their property that was not naturally there. This may be non-natural use due to quantity or volume. Non-natural would include oil, chemicals or a large quantity of water. Transco defined non-natural use as a use which is ‘extraordinarily or unusual’ or as a ‘ special use bringing increased danger to others’.
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Question 3

What is the 2nd stage to claim?

Answer 3

2) An escape of the thing brought into the land - Secondly there must be an escape of the thing brought onto the land. There must be an escape from the place the D had occupation or control over, to a place where the D didn’t have control or occupation on. (Read v Lyons). The thing itself must escape.
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Question 4

What is the 3rd stage to claim?

Answer 4

3) Damages caused by the escape - Thirdly, there must be damage caused by the escape. In Rylands, Blackburn J said that ‘D will be liable for all the damage which is the natural consequence of its escape’.
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Question 5

What is the 4th stage to claim?

Answer 5

4) Damage is of a foreseeable type - Finally, the damage must be of a foreseeable type and not too remote (Cambridge Water). If D cannot predict it, they cannot prevent it.
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Question 6

What are defences for Rhylands v Fletcher?

Answer 6

Act of 3rd parties - If 3rd party causes escape. The Defence will not be available if D was not able to reasonably foresee the actions of third party and take the steps to prevent.
2) Acts of God - Escape is due to natural causes that no human foresight could’ve guarded against. (Nichols v Marsland)
3) Statutory authority - If the escape is caused by something the D is legally obligated to do under an Act of Parliament.
4) Acts of the C - damage is due to the act or default of C.
5) Consent of the C - C consents to D accumulating the thing.

Question 7

What are the remedies for Rylands v Fletcher?

Answer 7

Damages - Compensation.