Rylands v Fletcher Flashcards
What is Rylands v Fletcher
It is its own type of nuisance and is a strict liability crime so no MR required due to it being presumed
Explain the first requirement of R v F
Accumulation - D must bring hazardous material onto the land and keep it there
If it was already there or naturally occurred there is no liability under R v F
Giles V Walker
Explain the second requirement of R v F
Must be likely to cause a nuisance if it escapes - the thing need not to be inherently dangerous but likely to cause damage if it escapes.
Explain the third requirement of R v F
Must be an escape from the D’s land. injury inflicted by the accumulation of a hazardous substance on the land itself will not invoke liability - Transco plc v Stockport metropolitan borough council
Explain the fourth requirement of R v F
Must be a non natural use of land. The use of land must be ‘extraordinary and unusual’ where it must be both and not just one - British Celanese v Hunt
Explain the fifth requirement of R v F
Must not be too remote. Liability is subject to rules on remoteness on how closely related the claimants damage is to what the D did - Weller v Foot
Explain the act of a stranger defence
D has complete defence if the escape was caused by the act of a stranger over which D had no control and whose actions could not have been reasonably foreseen - Perry v Kendricks Transport
Explain the act of god defence
This has the same meaning as under private nuisance, but there is a different case example - Ribee v Norrie
Explain the statutory authority defence
This has the same meaning as under private
nuisance, but there is a different case example -
Green v Chelsea Waterworks Co (1894)
Explain the Consent/benefit defence
If C receives a benefit from the thing accumulated, they may be deemed to have consented to its accumulation
Cambridge Water Co Ltd v Eastern Counties Leather (1994)
Ratio: The escape must be foreseeable and reasonably preventable for a Rylands v Fletcher claim to succeed
Ratio: The escape must be foreseeable and reasonably preventable for a Rylands v Fletcher claim to succeed
British Celanese Ltd v AH Hunt Ltd (1969)
Ratio: Rylands v Fletcher applies to activities that are non-natural and result in damage to neighboring properties.
Transco v Stockport Metropolitan Borough Council (2003)
Ratio: The defendant may be liable under Rylands v Fletcher if the escape of something dangerous or harmful causes damage.
Ellison v Ministry of Defence (1997)
Ratio: Rylands v Fletcher applies to situations where a defendant’s activities cause damage due to escape of something from their property.