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Law Of Obligations II > Rylands v Fletcher > Flashcards

Rylands v Fletcher Flashcards

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1
Q

What are all the possible defences?

A
  1. statutory authority
  2. a right of prescription
  3. Independent contractor/non-delegable duty
  4. Common enemy doctrine
  5. estoppel by acquiescence
  6. Acts of God
  7. Contributory negligene/volenti
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2
Q

What is a statutory authority defence?

A

This is whereby a person is granted the authority, via statutory legislation, to carry out their private nuisance.

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3
Q

Which case outlines the two types of statutory authority defence?

A

Allen v Gulf Oil refining

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4
Q

what are the two types of statutory authority?

A
  • express/implied exemption
    -D undertook the activity without negligence with all reasonable regard and care for the interest of the other person.
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5
Q

What is the right of prescription?

A

If it can be shown tat D has carried out an activity uninterrupted with the claimant consent for at least 20 yeas, D can say they have a right od prescription to carry out that activity.

Only runs from the point at which the nuisance becomes actionable.

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6
Q

which case links to the right of prescription?

A

Sturges v Bridgeman

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7
Q

What is the independent contractor/non-delegable duty defence (with case)?

A

If nuisance caused by independent contractor engaged by D, D can rely on defence – Tinseltime Ltd v Eryl Roberts and Others [2011] EWHC 1199

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8
Q

what are the two exceptions to the third defence (independent C)?

A

A) D is strictly liable for nuisance caused by independent contractor where the undertook ultra-hazardous activities when committing the nuisance.

B) Dividing structure exception: Alcock v Wraith (1991) 59 BLR 20 – Where D has right to carry out work on a wall/dividing structure between two properties which involves risk to adjoining property.

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9
Q

what is the common enemy doctrine?

A

Permits landowner to erect barriers to prevent flood water coming onto land, diverting water onto neighbour’s land.

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10
Q

which case links to common enemy doctrine?

A

Arscott v Coal Authority [2004] EWCA Civ 892 – flooding of C’s land unforeseeable result of defensive works to D’s own land. No nuisance. ​

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11
Q

what is estoppel by acquiescence (with case)?

A

C may lose legal right to sue where D was allowed or encouraged by C to believe D was entitled to commit the nuisance, to D’s detriment – Jones v Stones [1999] 1 WLR 1739 (CA).

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12
Q

what is an act of god?

A

arising from natural events with no causal connection e.g. flood/moorland fires.

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13
Q

What is volenti (with case)?

A

Complete defence if C consented to interference with full knowledge and without duress. But , no successful case. Leakey v national Trust.

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14
Q

What is contributory negligence?

A

partial defence if C contributed to damage under Law Reform (contributory negligence act 1945).

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15
Q

what is the impact of Art 8 ECHR?

A

In theory you can bring the private nuisance action. Will go to the high court to seek an injunction (expensive), Local authority has a statutory duty of care.

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16
Q

Cases linking to Art 8 ECtHR…

A

Guerra v Italy, Lopez
Austria v Spain

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17
Q

what does article 8 mean for English law?

A

If there’s a view that you’ve been exposed to excessive pollution etc, there has to be a remedy and the remedy has to respect the way article 8 has been interpreted.

Means an individual can bring a direct action which may cover some of the areas which nuisance covers.

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18
Q

What is Rylands v Fletcher?

A

a hybrid form of nusiance.

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19
Q

what were the facts fo Rylands v Fletcher?

A

Consturcted a resoivoir with a series of connectign waters. The developers working for D found some disued mine shafts on their land and never sealed them proeprty. Collection of water was fill and some of the seal breached and the water floodd the mineshafts and onto the C’s proeprty.

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20
Q

which new rule was formaulated from R v F (and by who)?

A

LJ Blackburn - if someone brings something onto their property that could cause harm if it gets loose, they’re responsible for making sure it stays put. If it does escape and causes damage, they’re automatically considered responsible for any harm it causes.

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21
Q

which cases describes R v F as a hybrid form of nuisance?

A

Cambridge water v eastern Counties Leather
Transco v Stockport MBC

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22
Q

What specifically has to be brought onto the land?

A

D must have brought something artificially onto the land and they do this is a non natural way.

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23
Q

what is important since the Cambridge case?

A

Where harm arises, if all criteria of R v F are met, there ahs to be RF of harm caused.

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24
Q

Waht if D exercise greatest care and wasnt negligent (with cases)?

A

C does not need to prove negligence/culpability/wrongdoing on part of D – is it a strict liability tort:
R v F - held liable despite being unaware of shafts.
Bedford Police v Constable - strictly responsible.

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25
Q

Which features limit effect?

A

No damages for personal injury

Defences

Must be an escape

Type of damage must be foreseen/be reasonably foreseeable.

Northumbrian Water Ltd v McAlpine [2014] EWCA Civ 685 – no general no fault liability for conduct of hazardous activities of D.w

26
Q

what do the feature which limit effect allude to?

A

whether it is actually strict liability.

27
Q

What are the preconditions for the rule to apply?

A
  1. capacity to sue
  2. who can be sued
  3. elements of tort
28
Q

what are the elements of tort?

A
  • a dangerous thing escaped from D’s land
  • D deliberatley accumulated the thing
  • the accumulation was a non-natural use of the land
  • the escape caused C requisite damage
29
Q

who has the capacity to sue (with cases)?

A
  • Same as rule for private nuisance (transco v stockport)
  • [C] must have an interest in the land which would be sufficient to justify his bringing a claim in nuisance. (Mckenna v british Aluminium)
  • must be a possessory/proprietary interest (Bodo Community v Shell Petroleum Development of Nigeria
30
Q

Who can be sued (with cases)?

A

The owner and occupier of the land from which the thing escapes.
Or has the right to occupy for a specific purpose - Charing cross electric supply v hydraulic power

31
Q

cass which show who can be sued…

A

transco v stockport
Ribee norrie - (exercises control)

32
Q

what can amount to a thing?

A

The escape must arise from the defendant’s property and enter the claimant’s land.

If the dangerous thing remains in/on D’s land no escape:

33
Q

Cases to outline what is classified as a thing?

A

Read v Lyons
Yorkshire water services v sun alliance and London

34
Q

examples of a dangerous thing (with cases)?

A

water (R v F)
industrial chemical (Cambridge Water V Eastern Counties Leather)
foot and mouth virus (D Pride v Institute for Animal Health)
electricity (eastern v Sotuh African Telegraph)
waste (AG v Cory Bros)
acid smuts fro chimneys (Halsey v Esso petroleum)
metal foil (British Celanes v AV Hunt)
caravanners and their horses (AG v Cork)
PS not always classed as this

35
Q

Other examples of a dangerous thing?

A

Stannard v Gore
LMS Int v Styrene Packaging

36
Q

What about if it is not dangerous whilst sitting on land?

A

doesn’t matter, just has to be dangerous if it escapes e..g water

37
Q

What about foreseeability of escape?

A

Escape does not have to be foreseeable, just the type of damage caused.

38
Q

what is deliberative accumulation mean?

A

D must deliberately create some accumulation – not necessarily wrongful, whether innately dangerous (explosives) or benign (water) – it is the escape which constitutes danger.

39
Q

Examples of deliberative accumulation

A

Transco v Stockport - no DOC to protect from a natural hazard.
Pontardaw rural v moore-gwyn - rock overhang escaped due to wathering - no liability.

40
Q

When was the concpet of non natural user of land introduced?

A

R v F - D must use land for something artificial or which did not exist naturally (reservoir not natural).

41
Q

what is the non-natural use of land?

A

Rickards v Lothian - cannot be cartying otu ordinary use of the land - must create a special hazard.ot

42
Q

other cases to show non natural use of land…

A

Cambridge water v EAstern Counties Leather
lambert v Barratt homes
Transco v stockport

43
Q

facts of transco v stockport

A

C owned a gas pipe which ran under an old railway line. D local authority was responsible for a waterpipe which fed into a block of flats in the area. There has been a historical leak from this pipe. Drained into the embankment area, leading to it collapsing exposing the gas pipe which is an immediate public safety issue.

Transco, because of their public duties, had to remediate this immediately, amounting to a significant cost. They claimed that this was Rylands v Flecther; D had brought water onto their land and allowed it to accumulate.

Court held: local authority couldn’t be liable because their use of land was not non-natural use.

44
Q

Examples of non-natural users…

A

aritificial storer
fairground ride
chemical storage
caravan dwellers
motor parts
flamamble products
polystyrene
explosivesn

45
Q

examples of natural users…

A

housing development
exploisves in war
fuel tank without fuel
flammable products domestically
cement water pipe
mining activities
tyre storage
metal foil

46
Q

3 factors for non-natural users ?

A

Mason v Levy auto parts england
1. Quantity of dangerous thing

  1. Manner in which thing is stored may render it dangerous enough to be non natural user (flammable near C’s fence)
  2. Character of neighbourhood - is land used for purpose to be expected within that particular neighbourhood?
47
Q

what are the rules for causation?

A

C MUST prove damage i.e. compensable injury - see Northumbrian Water Ltd v McAlpine Ltd [2014]

C must prove on balance of probabilities that but for interference the damage would not have occurred.

If damage would have occurred anyway, causal link will fail. Interference need not be sole cause of damage but it must be ‘an effective and substantial cause – Loftus –Brighan v Ealing LBC [2003]

Damage must not be too remote.

48
Q

What are the defences…

A

Actof god - natural events - no causation
Acts of vis major - some irresistible force
Acts of a stranger: not liable for the acts of stranger unless they have the ability to control them/the act. Could be trespasser – if they are known regularly to go on land, they may not be able to raise this because the court may regard them to have acquiesced to knowing they were on their land.

Consent - if C consented to D bringing dangerous thing/accumulation. This may arise from a common benefit or undertaking with D but if D negligent, defence not valid – Colour Quest Ltd v Total Downstream UK plc [2009] EWHC 540 (QB Comm). E.g. they are aware of fit and their is a common benefit – water leaking and they use the water for crops.

Statutory authorisation

Contributory negligence/volenti

49
Q

what is impmortant about volenti and CN?

A

IN tort law, volenti is a complete defence to the action as long as their is no duress. |For contributory negligence, it is only a partial offence (links to the apportionment of damages).

50
Q

Remedy for actual physical damage?

A

common law damages

51
Q

Equitable damage?

A

ordered in lieu of an injunction.

52
Q

different types of remedy…

A

Abatement
injunctions
damages in lieu
shelfer test

53
Q

what is abatement?

A

Self help remedy. When you stop the nuisance (ill advised to use in these cases because it can lead to conflict and criminal activity.

Can properly get it through your local authority, which will issue an abatement notice.

54
Q

what will commpensation cover for abatement?

A

Compensation will cover actual physical damage, consequential damage to chattels/property. Pure economic loss would not be recoverable.

May cover special damage. Escap has caused damage and you have to payf or someone to deal with the property, you eould be abel to claim for that (workmen to drain a flood with special equipment, e.g.).w

55
Q

what if C consented to D bringing the danegrous thing/accumulation?

A

This may arise from a common benefit or undertaking with D but if D negligent, defence not valid – Colour Quest Ltd v Total Downstream UK plc [2009] EWHC 540 (QB Comm).

56
Q

what about injunctions?

A

C may seek injunction which restrains D from causing/continuing interference, either at certain dates/times or at all.

Injunctions are granted at discretion of court – they are an equitable remedy – they are not granted as of right.

57
Q

why may injunctions not be granted?

A

Reasons why they may not be granted: difficulty in supervision, impractical to enforce, overly oppressive to defendant.

Legal context – if someone breaches an injunction it can be classed as contempt of court (jailable offence). May not rely on it to be supervise correctly (ensuring injunction). May be impractical to enforce. Sometimes the court will consider that granting an injunction is unduly oppressive on D. E.g. D used their land for a sporting event and they were using it too often. Grant of an injunction here would put them out of business and ruin the sporting event – instead they will award damages in lieu.

58
Q

what about damages in lieu?

A

Courts have power to award damages in lieu of injunction – principles originally developed in Shelfer v City of London Electric Co [1895] 1 Ch 287 – but re-evaluated in Coventry v Lawrence [2014] UKSC 13 set out new guidance:

Usual position is injunction should be granted.

59
Q

who is the burden on for damages in lieu?

A

Burden is on the defendant to show why an injunction is inappropriate.

60
Q

what should be taken into account for damages in lieu? what about the shelfer test?

A

If Shelfer test is not satisfied this does not mean that an injunction should not be granted.

Public benefit/public interest should be taken into account.

They will award equitable damages in lieu if this cannot be given.

61
Q

what is the shelfer test?

A

the court indicated that damages should be awarded in lieu where:

a) The injury to the claimant is small, and
b) It is one which is capable of being estimated in monetary terms,
c) It is one which can be adequately compensated for, and finally
d) Where it would be oppressive to grant an injunction to the defendant.

Law Of Obligations II (13 decks)

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