Rylands v Fletcher

Question 1

Details of Rylands v Fletcher case?

Answer 1

D’s owned water mill. They used IC’s to build dam on land to make reservoir.
Builders carelessly seals bottom of reservoir.
reservoir burst into C’s mineworks below

Held: D Liable for actions of builders

Question 2

What type of tort is a Rylands v Fletcher claim?

Answer 2

Strict Liability
- Absence of any fault requirement

Question 3

Who can claim?
case?

Answer 3

Those with legal/proprietary interest in land
- Hunter v Canary Wharf

Question 4

Who is the defendant?
-Case?

Answer 4

Owner/occupier/controller of land
- Transco v Stockport MBC

Question 5

Elements to establish Rylands v Fletcher claim?

Answer 5

• ‘Thing’ brought onto land
• ‘Thing’ is likely to cause mischief if it escapes
• Non natural storage of ‘Thing’
• ‘Thing’ escapes and causes foreseeable damage

Question 6

Explain ‘Thing’ brought onto land

Answer 6

An artificial accumulation of material
- Giles v Walker

Question 7

Explain ‘Thing’ is likely to cause mischief if it escapes

Answer 7

Damage must be foreseeable, not whether it escapes or not
- Hale v Jennings

Question 8

Explain Non natural storage of ‘Thing’

Answer 8

Not commonplace; Extraordinary/unusual use of land
- Transco v Stockport

Question 9

Explain ‘Thing’ escapes and causes foreseeable damage

Answer 9

Must escape from D’s land to property outside his control
- Read v Lyons

Question 10

Defences for Rylands v Fletcher claims

Answer 10

• Act of God (Nichols v Marsland)
• Act of Stranger (Perry v Kendricks)
• Statutory Authority (Green v Chelsea Waterworks)
• Contributory Negligence (Dunn v Birmingham Canal Co

Question 11

Remedies for Rylands v Fletcher

Answer 11

Damages:
For property loss
- Transco v Stockport MBC