Rylands V Fletcher Flashcards
What type of tort is it?
Strict liability tort
What is this tort an extension for?
Extension to nuisance
What type of law is this tort?
Common law
Meaning of Rylands V Fletcher
Where a person’s property is damaged or destroyed by the escape of non-naturally stored material onto adjoining property.
Facts of case
Millowner hired contractors to create a reservoir.
Contractors negligently failed to block mineshafts so water flooded neighbouring lands.
D was liable.
Who can be a claimant?
A person has to have interest in the land affected.
Case for claimant
Canary wharf
Who can be a defendent?
Defendant must have some control over the land on which material is stored.
Case for defendent
Lyons
Four elements
- Something must have been collected and kept on land.
- The use of land must be non natural.
- The thing brought onto the land must be likely to cause mischief if it escapes.
- The thing brought onto the land must have escaped and caused damage.
Where is their no liability for the first element?
If the thing in question was already present on land.
Cases for no liability
Walker
Ministry of Defence
Non natural
abnormal
Rickards
D not liable as third party and no natural use.
Transco
Extraordinary or unusual use of land.
Examples of things which would cause mischief if they escaped
Gas and electricity
Poisonous fumes
Read
No escape of the relevant kind from where D occupies onto other land.
Cambridge water
Escape does not need to be forseeable but damage if it escapes must be.
The thing brought onto land must have escaped and caused damage
Stored item must escape from one property to adjoining property
Stannard
Thing itself must escape if thing is fire and fire escapes this will not count.
What are the defences?
Statutory authority
Contributory negligence
Volenti non fit injura
Act of a stranger
Act of God
Statutory authority
Act authorises D’s actions.
Statutory authority case
Smeaton
Contributory negligence
Claimant is partly responsible for escape of thing.
What does the law reform say about contributory negligence?
Damages may be reduced according to C’s fault.
Volenti non fit injura
Whereby claimant has consented to the thing that is accumulated by D.
Volenti non fit injura case
Peters
Act of a stranger
Whereby a stranger over D has no control has been the cause of escape.
Act of God
Extreme weather conditions that no human foresight can provide against.
Act of God case
Nichols
What is the remedy?
Damages
Damages
cost of repair or replacement of property damaged or destroyed.
What does the harm have to be?
A type which is actionable.
What does the harm have to be?
Property harm but not personal injury
