Rylands V Fletcher

Question 1

definition for rylands v fletcher

Answer 1

property is destroyed/damaged by something
that comes from a neighbouring
property.

Question 2

what are the 5 requirements needed for a claim under rylands v fletcher to succeed

Answer 2

A - accumulation of a substance
B - brings likely mischief
C - ‘cause of a non-natural use of land
D - does not remain on the property (escape)
E - equally foreseeable damage

Question 3

outline ‘accumulation’ as an element of Rylands v Fletcher

Answer 3

D must bring hazardous thing onto land + keep it
thing that escapes need not be thing accumulated

Question 4

outline ‘brings likely mischief(if escapes)’ as an element of Rylands v Fletcher

Answer 4

A test of foreseeability.
thing bought on land - likely to do damage if escapes eg gas/electricity/poisonous fumes
Damage must be foreseeable not escape in itself

Question 5

outline ‘Non-natural use of
land’ as an element of Rylands v Fletcher

Answer 5

use of land must be ‘extraordinary and unusual’ (not just non-natural’).
use of land considered flexibly- considering time/place of the specific case

Question 6

outline ‘Does not remain on property (escapes) as an element of Rylands v Fletcher

Answer 6

thing must escape from land

Question 7

outline ‘Equally foreseeable damage’ as an element of Rylands v Fletcher

Answer 7

Damage must be reasonably foreseeable

Question 8

what are the 3 defences to a rylands v fletcher case

Answer 8

Act of a stranger, act of god, consent/benefit

Question 9

outline ‘act of a stranger as a defence to rylands v fletcher’

Answer 9

D will not liable if escape was caused by the act of a stranger over which D had no control and whose actions could not be reasonably foreseen.
(Ribee v Norrie (2002)

Question 10

outline ‘act of god’ as a defence to rylands v fletcher’

Answer 10

events that happen independently of any human action will mean D is not liable. -
complete defence.
(Nichols v Marsland 1876)