Rylands V Fletcher Flashcards
Define Rylands V Fletcher
Rylands V Fletcher is a strict liability tort where the defendant will be liable for the escape of a ‘thing’ that they have accumulated on their land and used in a non-natural way.
What is Strict liability
Strict Liability means that the claimant does not have to prove the defendant was at fault.
who is a claimant
A Claimant can only be someone who has proprietary interest in the land
case example; Hunter V Canary Wharf 1988
Who is a defendant
A defendant is anyone who is an owner or an occupier on the land
case example; Read V lyons 1947
What is accumulation
A mass or qauntity of a thing that has been gathered or acquired
Explain ‘ Bringing onto the land’
A thing that must have been brought onto the land and accumulated by the defendant.
If the thing is naturally present on the land, there can be no liability.
case example; Giles V Walker 1890)
Likely to cause mischief of it escapes
It must be foreseeable that the thing brought onto the land must cause mischief if it excaped
case example; Hale V Jennings Bros 1938
Explain Non- natural use of land
The land must be used in a non-natural way as defined in Transco V Stockport as extraordinary and unusual.
Transo V Stockport Metropolitan Bc
What are the three elements
Locality
Quantity
Storage
Explain locality
whether the location is appropraite for the activity or whether this activity would be unusual for the area
Explain Quantity
The amount of the thing stored could become non-natural if the thing os dangerous
Explain Storage
How safely the thing is stored . something can become dangerous if it is not stored properly
Explain Damage caused by fire
Where the ‘ thing’ that escapes is fire there will very rarely be a claim under R v F
First element
The thing that was accumulated had escaped not just the fire
Second element
There is an extraordinary or unusual use of land
Third element
The fire must be delibrately or negligently started by the occupier
Fourth element
If the fire is an ordinary use of land, then the case will not be successful
Explain Foreseeable damage
The thing that escapes must cause foreseeable damage
cambridge water V Eastern
How many defences are in Ryland V Fletcher
5
Explain Act of stranger
A trespasser who D has no control over causes the escape
Perry V Kendrick transport
Explain Act of God
This is an extreme weather condition that no human foresight can provide against
Nichols V Marsland
Explain Volenti non fit injuria
This is when the claimant has knowledge of the risk, given free will and voluntarily accepting the risk
Explain Statutory authority
If the terms of an Act of parliament authorise the defendant’s action there would be a defence
Explain Contributory negligence
this is when the claimant has failed in taking care and also contributing to their harm
