Rylands v Fletcher

Question 1

Definition of Ryland’s v Fletcher

Answer 1

Where the D brings something onto their land and stores is there. It escapes and causes damage to the claimants land. Strict liability defence with 4 stages to claim

Question 2

Stage 1

Answer 2

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. (Oil, chemicals large quantity of water)

Question 3

Stage 1 TRANSCO defines

Answer 3

Transco: defined non-natural use as a use which is “extraordinary and unusual” or as “a special use bringing increased danger to others”

Question 4

Stage 2

Answer 4

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 thing itself must actually escape

Question 5

Stage 3

Answer 5

Damage caused by the escape- BLACKBURN J in Rylands “D will be liable for all the damage which is the natural consequence of its escape”

Question 6

Stage 4

Answer 6

Damage must be of a foreseeable type and not too remote (Cambridge Water) if it cannot be predicated it can’t be prevented

Question 7

Acts of third parties

Answer 7

RICKARDS v LOTHIAN: only available if D was not able to reasonably foresee the actions of the third party and take steps to prevent them

Question 8

Acts of god defence

Answer 8

Escape is due to natural causes that no human foresights could have guarded against (NICHOLS v MARSLAND) , rare for defence to succeed

Question 9

Statutory authority defence

Answer 9

If the escape is caused by something the D legally obligated to do under an ACT OF PARL

Question 10

Defaults of the claimant defence

Answer 10

Where damage is due to the act or default of the claimant

Question 11

Consent of the claimant defence

Answer 11

C expressly or impliedly consented to D accumulating the thing