RYLANDS v FLETCHER Flashcards
what is rylands v fletcher?
Where a dangerous thing cscapes from D’s land and causes damage to C’s land.
what is the definition?
• This is defined in RYLANDS v FLETCHER as where the D brings something onto their land and stores it there. It escapes and causes damage to the C’s land. This is a strict liability offence so there is no defence just because the D acted with care and attention. 4 stages to claim:
what is stage 1?
1) A non-natural use of the land: Firstly there must be a non-natural use of the land which means D has brought something onto their property that was not naturally there. This may be non-natural use due to quantity or volume. Non-natural would include oil, chemicals, even large quantities of water. TRANSCO defined non-natural use as a use which is “extraordinary and unusual” or as a “special use bringing increased danger to others”.
what is stage 2?
2) An escape of the thing brought onto the land: Secondly, there must be an escape of the thing brought onto the land. There must be an escape from a place that the D had occupation of, or control over, to a place which is outside their occupation or control (READ v LYONS). The things itself must actually escape.
what is stage 3?
3) Damage 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”.
what is stage 4?
4) The damage is of a foreseeable type: Finally, the damage must be of a foreseeable type and not too remote (CAMBRIDGE WATER). If the D cannot predict it, they cannot prevent it.
what are the defences for rylands v fletcher?
• Acts of third parties - If a 3rd party caused the escape. The defence will be available if D was NOT able to reasonably foresee the actions of the third party and take steps to prevent them.
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• Acts of God - The escape is due to natural causes that no human foresight could have guarded, narenough
against. However, it is rare for the defence to succeed - GREENOCK.
• Statutory authority - If the escape is caused by something the D is legally obligated to do under an Act of Parliament.
• Acts/ defaults of the claimant where the damage is due to the act or default of the C.
• Consent of the claimant - C expressly/impliedly consents to D accumulating the thing.
what are the remedies?
Damages(compensation): The C can claim compensation for any damage suffered.
