Rylands v Fletcher rules & trespass to land Flashcards
What are the case facts?
defendant engaged some independent contractors to construct a reservoir on his land in order to supply water for his mill. The builders failed to block off a number of disused mineshafts and, as a result, when the reservoir was filled, water escaped and flooded the claimant’s adjoining mine. The claimant commenced an action to recover the cost of the flood damage. There was
no evidence of negligence by the defendant
Who can sue in Rylands v Fletcher?
same as private nuisance
- The claimant must suffer some damage.
Who can be sued in Rylands v Fletcher?
person who brings, collects and keeps the ‘thing’ onto the land (the creator of the nuisance) and/or any person who has control over the land
(owner/occupier).
What damages are recoverable in Rylands v fletcher?
- property damage; and
- consequential economic loss.
Define the element of ‘D brings onto land and accumulates there’ in Rylands v Fletcher.
The defendant must have voluntarily
brought something onto the land.
Define the element of ‘for their own purposes, anything likely to do mischief if it escapes’ in Rylands v Fletcher.
‘thing’ brought onto the land must be capable of causing damage (and therefore be dangerous) if it escapes (it need not be dangerous in itself).
eg= water acids, explosives etc
Define the element of ‘escape’ in Rylands v Fletcher.
‘thing’ brought onto the land must escape from land over which the defendant has control to land where they do not have control.
Define the element of ‘escape caused foreseeable harm’ in Rylands v Fletcher.
D need not have foreseen escape but must have known or ought reasonably to have foreseen that the ‘dangerous thing’ could, if it escaped, cause damage.
- even if D took reasonable steps
Define the element of ‘non-natural use of land’ in Rylands v Fletcher.
ordinary use of the land and what is ordinary depends upon the time, place and context of the use of land.
What defences are available in Rylands v Fletcher?
- Act of third party
- Law reform (contributory negligence) Act 1945
- statutory authority
- caused wholly by C
- common benefit
- Act of God
- consent
What remedies are available in Rylands v Fletcher?
- damages (most likely)
- injunctions
Trespass in tort of land definition?
Who can sue in trespass to land?
The claimant must have a legal interest in the land, namely a possessionary or proprietary interest ie they must own the land or otherwise be in possession of it.
What are the elements to trespass to land?
- direct and physical interference
- intention
What is meant by the element ‘direct and physical interference’ in trespass to land?
direct interference with the claimant’s land.
- Land in this context includes anything under the land, built on the land and the airspace above it.
physical interference=
- entering C’s land
- remaining on C’s land beyond permission
- Doing something not allowed on C’s land
- placing objects on C’s land without permission
