Rylands v Fletcher - Paper 2 Flashcards
What is the definition of the tort of Rylands v Fletcher?
D brings something onto their land and stores it there, it escapes, and causes damage to C’s land
What does it mean that Rylands is a strict liability law?
There is no defence just because D acted with care and attention
How many stages are there to claim?
Four
What is Stage 1 of Rylands?
There must be a non-natural use of the land, which means D has brought something onto their property that was not naturally there
What is the definition of non-natural use under Transco v Stockport?
A use which is ‘extraordinary and unusual’ or as a ‘special use bringing increased danger to others’
What is Stage 2 of Rylands?
There must be an escape of the thing brought onto the land
What is the ruling from Read v Lyons?
There must be an escape from a place that D had occupation of, or control over, to a place outside their occupation or control
What is Stage 3 of Rylands?
There must be damage caused by the escape
What is Blackburn J’s quote in Rylands?
D will be liable for all the damage which is the natural consequence of its escape
What is Stage 4 of Rylands?
The damage must be of a foreseeable type and not too remote (Cambridge Water)
When will the defence of Act of Third Party be available?
If D was not able to reasonably foresee the actions of the third party and take steps to prevent them (Rickards v Lothian)
What is the definition of the Act of God defence?
Escape is due to natural causes that no human foresight could have guarded against
Which case says the defence of Act of God rarely succeeds?
Nichols v Marsland
What are the remaining defences used for Rylands?
Statutory Authority, Default of the Claimant, Consent
What remedies are available?
Compensatory Damages
