Rylands V Fletcher Flashcards
What is the definition for Rylands v Fletcher?
Where a persons property is damaged or destroyed by the escape of non naturally stored material onto adjoining property
What is the first element of Rylands?
Material is collected and bought onto the land and is kept there for own purposes
Giles v Walker
Facts: weeds spread onto neighbouring land
POL: naturally present or accumulated so NO liability
What is the 2nd element to Rylands?
The thing is likely to do mischief if it escapes
Elements of likely to do mischief?
- Test of foreseeability of damages
- E.g. Tree branches
Hale v Jennings bros
Fairground ride detaching risk of injury was foreseeable so owner was liable
What is the third element to Rylands?
Non natural use of the land
Rickards v Lothian
- Water supply considered as a natural use of land
- Non naturally stored material refers to extraordinary or unusual use of land
Cambridge water company v eastern countries leather
The storage of chemicals at a factory was considered as non natural use of land
What is the 4th element to Rylands?
The thing stored must escape and cause foreseeable damage
Read v Lyons
If not escaped from one property to another then there will be no claim
Cambridge water company x2
Damages caused were too remote, therefore no liability
What are the defences to Rylands v Fletcher?
. Act of stranger
. Act of god
. Statutory authority
. Consent
. Contributory negligence
Perry v Kendricks transport
Act of a stranger causes the escape
Nichols v marsland
Extreme weather conditions that no human foresight can provide against causing the escape
