RYLANDS v FLETCHER Flashcards
what are the four elements that must be proved by C to succeed?
- Thing causing the damage had been collected on land occupied or controlled by D
- Foreseeably will cause harm upon its escape
- Non-natural use of land
- Escape of the thing
What are the facts of RYLANDS v FLETCHER?
Mill owner hired contractors to create a reservoir on his land. Contractors fail to block off disused mineshafts. Water flooded neighbouring working mines owned by C.
C would be an occupier if land and sue in respect of?
- Damage to their land
- Damage to their property
- Personal injury: HALE v JENNINGS BROS 1938
It is unlikely to damages can be claimed through personal injury as the modern view of R v F is a form of nuisance.
Does D need to be the occupier of the land to be liable?
D can be someone who brought the thing onto the land. D can be liable for accumulations and escapes caused by independent contractors.
What must be C prove to prove the thing causing damage had been collected on land controlled or occupied by D?
- The thing was likely to do damage on escaping to other land.
- The thing must be artificially accumulated: GILES v WALKER
- The thing must be brought on to the land for D’s purposes: SMEATON v ILFORD CORPORATIONS
- The thing brought onto the land doesn’t have to be the thing that escapes and causes harm: MILES v FOREST ROCK GRANITE (eg explosives and rock flew)
The thing is of a kind that _______________ will cause _____ upon its __________.
The thing is of a kind that foreseeably will cause harm upon its escape.
What must be reasonably foreseeable if the thing does escape? + case
Only the danger must be reasonably foreseeable: HALE v JENNINGS BROS
facts of HALE v JENNING BROS
“chair-o-plane” care from ride became detached while in motion and injured stall holder. Owner of rude was liable, injury was reasonably foreseeable.
What must D be using land for?
A non-natural use.
_____________ use of land is _____________. D must have done something out of the ____________ in the place and at the time when they do it. There will be ____________ use of land if D’s use increases _____________ to others: ____________ v STOCKPORT MBC
Unreasonable use of land is insufficient. D must have done something out of the ordinary in the place and at the time when they do it. There will be non-natural use of land if D’s use increases danger to others: TRANSCO v STOCKPORT MBC
What are non-natural uses of land? + case
- Abnormal or excessive quantities of: Storing water, Gas and Electricity
- Storage of chemicals on industrial premises
- Ignitable material
facts of GORE v STANNARD
C’s business was damaged by a fire from a pile on tyres on D’s land. D not liable because Rylands v Fletcher rule. Escape of fire is insufficient and it was a natural use of land.
What excludes D from being liable?
If D’s use is a benefit to the national community then there will be no non-natural use: CAMBRIDGE WATER v EASTERN COUNTIES LEATHER 1994
facts of CAMBRIDGE WATER v EASTERN COUNTIES LEATHER 1994
Storage of chemicals on industrial site was held to be non-natural use of land. It was irrelevant that it was an important source of employment
What is required of the thing that escaped? + cases
- From place D occupies or under D’s control, to a place that is outside of their control: READ c J LYONS & CO 1947
- Cause a damage which is reasonably foreseeable: CAMBRIDGE WATERS v EASTERN COUNTIES LEATHER 1994
