Rylands v Fletcher Flashcards
The relevant area of law is contained in Rylands v Fletcher. It covers:
It covers situations where a persons property is damaged or destroyed by something that has escaped from neighbouring land.
Occupier
Anyone with a legal interest in the land can sue. This is usually the occupier. (Apply)
Can C be sued?
Anyone who accumulates the thing that escapes can be sued. There must be a non-natural use of land. This does not mean artificial or man-made: Rickards v Lothinan stated that to be non natural “it is not the ordinary use of land” instead it means a use that is “special and brings increased danger to others.” The use must be extraordinary and unusual. (Apply)
D must have brought the dangerous thing onto the land.
If something is naturally present or naturally accumulates there, D will not be liable: Giles v Walker. (Apply)
Likely to do mischief
The dangerous thing brought onto the land must be likely to do mischief or cause damage if it were to escape. This is a test of foreseeability and considers whether damage is likely if the thing escapes (not whether the escape is likely): Hale v Jennings Bros. (Apply)
D Must show
D must show the substance in question “escaped” meaning it has moved from land D controls to land he does not (neighbouring land): Read v Lyon’s & Co Ltd. (Apply)
It must be shown that…
The damage has been caused. Damage to property/land, economic loss but personal injury is not. (Apply) Then failed/accepted
If the claim was successful…
defences would be available. They may have the defence of statutory authority if an Act of Parliament give authority for an activity to be carried out. For example, environmental or planning laws: Hammersmith & City Railway v Brand. (relevant/not)
Other defences…
Consent, Act of God, Act of a stranger. (apply if necessary).
If successful…
The court may award damages to replace…
