Rylands V Fletcher Flashcards
General rule
The D is liable if on his land they accumulate a dangerous thing in the course of a non natural use of that land and that thing escapes and cause reasonably foreseeable damage (Roland’s v Fletcher)
Liability
All elements must be shown by the C. Cs position, accumulation, dangerous thing, non natural use, escape, reasonably foreseeable damage
Cs position
C must have legal interest in the land (Hunter v Canary Wharf)
Accumulation
D must voluntarily bring on his land an accumulation of the subject that escaped (Giles v Walker). Accumulation must be on land D controls
A dangerous thing
The substance cumulated must be dangerously and pose an exceptional risk (Transco)
Non natural use
This is an extraordinary or unusual and not ordinary use of land (Transco)
Escape
C must show that the substance escaped and moved from the land that D controls (Read v Lyon’s & Co)
Reasonably foreseeable damage
Only damage that is reasonably foreseeable can be recovered (Cambridge Water v Eastern Counties Leather)
Defences
Act of stranger, act of god. Statutory authority, common benefit, Cs own fault.
Defences - act of stranger
Not liable if the escape is caused by the deliberate and unforeseen act of a stranger (Richard’s v Lothian)
Defences - act of god
Natural event so enormous that it cannot be either foreseen or guarded against (Nichols v Marsland)
Defences - statutory authority
Escape occurs during activities authorised by act of parliament (Green v CWC).
Defences - common benefit
Escape relates to something being maintained for common benefit of C and D (Peters v Prince Of Wales Theatre).
Defences - Cs own fault
Escape du too Cs own fault (Dunn v Birmingham Canal Co)
Remedies
Injunction - order to prohibit or control the action (Miller v Jackson). Damages - physical damage (Hunter v Canary Wharf) or loss of use/enjoyment - damages are equal to the loss in the value of land (Hunter v Canary Wharf). loss must be reasonably foreseeable (The Wagon Mound No 2),
