Rylands V Fletcher Flashcards
What is the tort of Rylands v Fletcher?
The tort of Rylands v Fletcher is defined as: ‘anyone who brings onto his land and keeps there something likely to do mischief if it escapes, is answerable for all damage which is a natural consequence of its escape.’
The 2004 case of Transco v Stockport has developed the tort further.
What is the nature of liability in Rylands v Fletcher?
It is a strict liability tort, so the defendant could still be liable even if they tried to prevent the escape or did not know about it.
For example, D could still be liable even though he tried to keep the chemicals safe in barrels or he did not know the chemicals had leaked.
What must C show to have an action in Rylands v Fletcher?
C must show certain factors, including that the thing must be brought and accumulated on D’s land.
For example, oil was brought and accumulated on D’s land as D brought the chemicals to the shed and they were stored in barrels.
What is required regarding the thing that accumulates and escapes?
The thing that accumulates must be the thing that escapes.
For example, it was the oil that accumulated and escaped or the oil accumulated but caught fire which spread.
Does the thing need to be inherently dangerous in Rylands v Fletcher?
Although the thing does not need to be inherently dangerous, it must be likely to do mischief (damage) if it escapes.
For example, oil is inherently dangerous, and if it escapes, mischief (damage) is likely because oil is toxic.
What must be true about the damage in Rylands v Fletcher?
The damage must be reasonably foreseeable.
For example, the damage was that next door’s plants were destroyed, which was reasonably foreseeable damage because oil is toxic.
Who is considered the occupier in Rylands v Fletcher?
D is the occupier (or accumulator) because D owns or rents the house where the oil accumulated.
For example, this is illustrated in Read v Lyons.
What proprietary interest must C have in Rylands v Fletcher?
C has a proprietary interest because C owns or rents the house that was damaged.
This is illustrated in Hunter v Canary Wharf.
What must escape for liability to arise?
The thing must escape from the defendant’s land over which they have control, or escape from circumstances over which they have control.
What is a non-natural use of land?
A non-natural use of land is one that is extraordinary and unusual considering time and place, rather than a truly domestic use.
What are the characteristics of a non-natural use of land?
- It must be extraordinary and unusual considering time and place.
- It must be potentially dangerous.
- It is likely to involve things stored in large quantities.
Is storing several barrels of oil in a shed a non-natural use?
Yes, it is a non-natural use as it is unusual in a residential area, oil is potentially dangerous, and it was stored in fairly large quantities.
Are personal injury claims actionable?
No, personal injury claims are not actionable, so IC cannot claim for the headaches she suffered as a result of the fumes leaking.
What is the defence of Act of God?
The defence of Act of God arises where the thing escaped due to unforeseeable extreme weather conditions.
Provide an example of the defence of Act of God.
The oil escaped because the barrel was knocked over in a violent storm.
What is the defence of Common Benefit?
The defence of Common Benefit applies where the dangerous thing has been accumulated by the defendant for either the common benefit of both the defendant and claimant, or just the benefit of the claimant.
Provide an example of the defence of Common Benefit.
The thing that escaped was rat poison, which was potentially being used for the benefit of both C and D.
What is the defence of Act of a Stranger?
The defence of Act of a Stranger arises where the thing escaped because of the actions of someone over which the defendant had no control.
Provide an example of the defence of Act of a Stranger.
The oil escaped because it was knocked over by a trespasser who D had no control over.
What is the defence of Statutory Authority?
The defence of Statutory Authority arises where the thing was brought onto the land and accumulated under the authority of a law/statute.
What is the legal principle of VOLENTI NON FIT INJURIA?
It arises where the claimant consents to the risk of damage when they fully understand the nature of the risk and exercised free choice.
Example case: Peters v Prince of Wales Theatre.
What was the example of consent in the context of risk?
The thing that escaped was water from D’s sprinkler, which C consented to as he fully understood the nature of the risk and exercised free choice.
What is the purpose of compensatory damages under the DAMAGES ACT 1996?
To put the claimant in their pre-tort position.
What types of damages can be claimed?
Loss of earnings special damages if the property is needed for work, and loss of amenity general damages if the property was used for a hobby/social activity.
What is the duty of the claimant regarding loss mitigation?
C is under a duty to mitigate loss, which means to keep the loss to a reasonable level by getting the property repaired or replaced promptly.
Example case: Marcroft v Scruttons.
What are special damages?
They can be calculated precisely for damage to property based on the cost of repair or replacement using the market value at the time of the damage.
