Rylands v Fletcher Flashcards
What is Rylands v Fletcher (1868)?
Where a person’s property is damaged or destroyed by the escape of non-naturally stored material onto adjoining property.
What must the claimant have in order to bring a claim?
An interest in the land.
What happened in Weller (1966) and what was decided?
- A virus escaped from the defendant’s premises and affected cattle rendering them unsaleable.
- The claimant brought an action under Ryland’s v Fletcher for the loss of profit he would have made from the cattle if they had not been so affected.
- The claim failed as pure economic loss is not recoverable under Ryland’s v Fletcher.
What must the defendant be?
The accumulator or occupier of the land that the dangerous thing was accumulated on.
What is element one?
The bringing onto the land and an accumulation; meaning the defendant must bring a substance onto the land and let it accumulate.
What happened in Giles (1890) and what was decided?
- Weeds spread onto neighbouring land.
- No liability as they were naturally growing.
What is element two?
The thing that is likely to cause mischief if it escapes and there is an escape.
What happened in Hale (1938) and what was decided?
- A fairground ride became detached and injured a stallholder as it crashed to the ground.
- The owner was liable as the risk of injury was foreseeable if the car came loose.
What is element three?
The thing escaping must be foreseeable damage.
What is element four?
Non-natural use of the land.
What does non-natural mean?
Extraordinary and unusual.
What is an example of a non-natural use of land?
Things stored in large quantities.
What is an example of a natural use of land?
Things that benefit the public.
What happened in British Celanese (1969) and what was decided?
- Strips of metal foil, which were used in the manufacturing of electrical components, blew onto an electricity substation causing a power outage.
- Court decided the use of the land was natural due to the benefit obtained by the public.
