Rylands V Fletcher (1868)

Question 1

When is Rylands and Fletcher likely to apply?

Answer 1

-One off events that have damaged a neighbours property.

Question 2

What is the structure/ key elements of Rylands and Fletcher?

Answer 2

1- intro& C must have legal interest in the land.
2-D Bring something onto the land (accumulation)
3-non-natural use of land.
4-The thing brought onto the land is likely to do mischief.
5-The thing must escape.
6-This causes RF damage/
7- Defences
8-Remedies

Question 3

Case for C must have a legal interest in the land?

Answer 3

Hunter V Canary Wharf

Question 4

Hunter V Canary Wharf

Answer 4

D must have a legal interest in the land

Question 5

What cases for D must bring something onto the land?

Answer 5

-Giles V Walker

-Crowhurst V ABB

Question 6

Giles V Walker

Answer 6

Facts: thistles on field

O: Naturally occurring so not liable.

Question 7

Crowhurst V ABB

Answer 7

Facts: leaning tree killed horse.

O: Tree had escaped- liable.

Question 8

What cases for a non-natural use of land?

Answer 8

-Transco V Stockport MBC

-Cambridge water V Eastern countries leather

Question 9

Transco V Stockport MBC

Answer 9

If it is for domestic use such as water pipe- counts as a natural use of land

Question 10

Cambridge water V Eastern Countries leather

Answer 10

-Storage of chemicals clearly non natural use of land.

-Irrelevant that the activity was an important source of local employment

Question 11

What case can possibly be used for likely to cause mischief?

Answer 11

Rylands V Fletcher

Question 12

Rylands V Fletcher (in terms of mischief)

Answer 12

Water not a mischief in itself- but its escape would cause one.

Question 13

What cases for escape?

Answer 13

Read V Lyons

Pointing V Noakes

Question 14

Read V Lyons

Answer 14

F: explosion that killed man and injured others
O: No escape- claim fails

Question 15

Pointing V Noakes

Answer 15

F: horse reached over fence, ate poisonous leaves and died.
O: no escape not liable.

Question 16

What cases for causes damage? (normal damage applies)

Answer 16

-Cambridge water V Eastern Countries Leather

-Weller V Foot and Mouth Disease

Question 17

Cambridge water V Eastern Countries Leather (damage)

Answer 17

• Damage too remote
  -The rule in the wagonmound applies to Rylands and Fletcher.

Question 18

Weller V Foot and Mouth disease

Answer 18

PEL not recoverable under Rylands and Fletcher

Question 19

What is the full sentence for the D brings something onto the land?

Answer 19

The C must bring something onto the land for ‘his purposes’ that do not naturally occur there.

Question 20

What is the full sentence for it is likely to do mischief?

Answer 20

-Foreseeable that the thing will do mischief if it escapes

-The escape itself does not need to be foreseeable.

Question 21

What is the full sentence for escape?

Answer 21

It must escape from the D’s land onto the C, without an escape there can be no liability.

Question 22

What happened in the revisit of R V F in Transport PLC V Stockport LTD?

Answer 22

-personal injury beyond the scope of R V F