Rylands v Fletcher Flashcards
What type of offence is Rylands v Fletcher?
Strict liability
What are the elements of Rylands v Fletcher?
1) The bringing onto the land or accumulation
2) Of a thing likely to do mischief if it escapes
3) Which is an unnatural use of the land
4) That escapes and causes reasonably foreseeable damage to an adjoining property
Who is the claimant?
Someone who has an interest in the affected land - e.g. they own or rent it
Who is the defendant?
The owner or occupier of the original land
In which case was the substance not brought onto the land?
Giles v Walker - weeds are naturally occurring
Which case demonstrates an object likely to do mischief if it escapes?
Hale v Jenning Bros
What must be foreseeable?
The mischief caused, not the escape itself
In which case did the claim fail because the substance itself didn’t escape?
Stannard v Gore - it was the fire that escaped, not the tyres
How is a non natural use of land defined?
In Transco v Stockport MBC, Lord Bingham defined it as “extraordinary and unusual in that time and place”
In which case was the mischief caused by a wrongful act by a third party?
Rickards v Lothians
In which case was the use of land not non natural?
British Celanese v Hunt - the metal strips had a public benefit as they helped provide electricity
In which case did the stored item not escape onto an adjoining property?
Read v J Lyons and Co Ltd
What is the test for foreseeability and remoteness?
Cambridge Water Co v Eastern Counties Leather
In which case did the claim fail due to an act of God?
Nichols v Marsland - exceptionally heavy rain caused a flood
What are the defences?
1) Act of God
2) Act of a stranger
3) Volenti (Consent)
