Rylands V Fletcher Flashcards
What is the rule?
Land based tort developed alongside nuisance & prior to establishment of DOC 1932
Liability imposed irrespective of fault
What happened in Rylands 1868?
D engaged independent contractors for mill, contractors negligently failed to secure mine shafts.
Although D not personally negligent, Exchequer held him strictly liable for storing dangerous thing
Blackburn established principle anyone brings something likely to cause harm liable for any damage
HOL upheld, Lrd Cairns nothing liability applied if Land used in unnatural way
Key Elements of Rule: Non Natural use?
If use unusual, not to benefit of wider community, brings increased danger then D liable
Richard’s v Lothian 1913 (basin blocked)
Key Elements: Escape?
Must escape from P’s Property to place outside control
Read v Lyons 1947 (munitions)
Criticised - Porter accepted as valid but felt rule must be strictly interpreted
Can only that D will not act Negligently
Key elements: Damage?
Harm must be reasonably foreseeable
Burnie v General Jones 1994 (contractors negligently started fire)
SC held D liable under Rylands however HC rejected & imposed liability based on negligence
Transco v Stockport 2004 HOL upheld rule but only to land not personal injury
Defences: Act of stranger?
D not liable
Richard’s v Lothian
Defences: Act of God?
D May be excused
Superquinn v Bray council 1998 (hurricane Charlie)
Coilte teoranta liable for artificial dam
Laffoy J: in order for defence to succeed necessary to prove damage caused by unforeseen event that could not be guarded against
Defences: Consent?
No action can be brought if consented to
Kiddle v City Business Premises 1942 (wartime bombing)
Action unsuccessful as P impliedly consented to drainage system when leasing
Defences: Default of Plaintiff?
Rule doesn’t apply if own actions caused escape
Dunn v Birmingham Canal 1872: mine placed under D’s canal
