Rylands v Fletcher and Public Nuisance

Question 1

List elements of Rylands v Fletcher tort.

Answer 1

1) D brings onto their land for own purposes, something likely to do mischief;

2) It escapes;

3) It represents a non-natural use of land; and

4) Causes foreseeable damage.

Question 2

What constitutes something likely to cause mischief?

Answer 2

Thing or substance does not need to be dangerous itself, but capable of causing damage if it escapes (eg water, cattle, sewage, fumes and electricity).

Question 2

Explain the requirement the thing must escape.

Answer 2

Applies to isolated escapes from land.

Necessary requirement for escape is substance or item causing damage must actually move from D’s premises to place outside their occupation or control.

Eg tyres caching fire and the fire spreading is not sufficient, as the tyres themselves did not escape.

Question 3

Explain the causation element.

Answer 3

Remoteness principle from negligence.

Damage has to be reasonably foreseeable and not too remote.

Question 4

What constitutes non-natural use of land?

Answer 4

Use of land must be extraordinary or unusual according to standards of the day.

Use for normal industrial purposes not generally non-natural use.

Question of fact in each case.

Question 5

Does the act of a stranger act as defence?

Answer 5

D not liable if they could not have reasonably foreseen act of stranger, ad therefore could not do anything to prevent harm.

Question 6

Explain the defence that the escape was caused by an act of god.

Answer 6

D not liable for extraordinary act of nature, which could not have been reasonably foreseen.

Question 7

Does the defence of statutory authority apply?

Answer 7

Yes.

Question 8

Is public nuisance a crime?

Answer 8

Yes.

Question 9

Define public nuisance.

Answer 9

Act or omission which endangers life, health, property or comfort of the public/obstructs public in the exercise or enjoyment of rights common to all.

Question 10

What are the two elements for public nuisance?

Answer 10

1) Conduct that materially affects the reasonable comfort and convenience of ‘a class of Her Majesty’s subjects’; and

2) claimant has suffered particular harm.

Question 11

Explain the requirement that ‘the conduct that materially affects the reasonable comfort and convenience of ‘a class of Her Majesty’s subjects’.

Answer 11

Affects a class of people not just an individual (as fun private nuisance).

A number of people in a locality must be affected - question of fact on each case but generally its not necessary that every member of a class is affected, but a representative cross-section must have been affected.

Question 11

Explain the requirement that the claimant has suffered particular harm.

Answer 11

C must have suffered particular damage over and above that suffered by public at large.

Includes property damage and loss of profit.

It can also include PI.