Rylands v Fletcher

Question 1

What is the definition of the rule of Rylands v Fletchers

Answer 1

D liable if on his land he accumulates a dangerous thing in the course of a non natural use of the land and the thing escapes and causes reasonably foreseeable damage

Question 2

How to define the claimant and defendant

Answer 2

Claimant- must have proprietary interest in land Hunter v Canary Wharf
Defendant- Needs to be either the accumulator or occupier of land Smith v Scott

Question 3

What must you show for a claim in Rylands v Fletcher

Answer 3

1. D brought/accumulated something on his land (not natural accumulation)-Giles v Walker
   2.Use of land must be non natural or extraordinary (chemicals/not commonplace)- Cambridge Water v Eastern
   3.Thing will be likely to cause mischief if it escapes and must be an escape Read v Lyons (Dangerous substance)
2. The thing escaping causes damage Transco v Stockport MBC
3. Reasonably forseeable damage

Question 4

What are the defences

Answer 4

Act of a stranger- Complete defence Perry v Kendricks
Act of God- Complete defence but if aware they need to remedy Nichols v Marsland
Statutory authority- Public authorities acting under statutory powers, defence if nuisance doesn’t exceed whats been authorised- Green v Chelsea Waterworks
Consent (Volenti non fit injuria) Peters v Prince of Wales Theatre
Common Benefit- Dunne v North Western Gas board
Fault of claimant -Ponting v Noakes