Rylands v Fletcher [Tort Law] Flashcards
Definition
The tort was given a definition by Blackburn J as ‘a person who, for their own purposes, brings onto land and keeps there anything likely to do mischief if it escapes’.
Claimant [Paragraph 1]
The C must own, rent or have an interest in the affected land (Hunter v Canary Wharf).
Defendant [Paragraph 2]
The D must be the Occupier or Owner who is in control of the land which cause the effect (Read v Lyons).
Bringing Substance [Paragraph 3]
First, the D must purposefully bring a substance onto their land which does not naturally occur there (Giles v Walker).
Likely to do Damage if it Escapes [Paragraph 4]
Next, the thing brought onto the land must be likely to do damage if it escapes. The likelihood of damage must be foreseeable (Hale v Jenning Bros).
Non-Natural Use [Paragraph 5]
After, the D’s use of their land must be non-natural. A definition for this is hard to find, but as shown in Rickards v Lothian, one must balance the general public benefit against the risk it poses. The storage of chemicals, however, will most likely amount to a non-natural use of the land (Cambridge Water v Eastern Counties Leather).
Must Escape [Paragraph 6]
Finally, the stored thing must escape and cause foreseeable (not too remote) damage to the C’s adjoining land. As said in Read v Lyons, it must ‘escape from a place where the D has occupation or control over land to a place which is outside their occupation or control’. The escape must be outside.
Act of a Stranger (Defences) [Paragraph 7]
The first is the Act of a Stranger. If the escape was caused by a stranger (to which the D has no connection) then this may be a full-defence (Perry v Kendricks Transport).
Volenti Non Fit Injuria (Defences) [Paragraph 8]
The second is Volenti Non Fit Injuria. If the C consented to the dangerous thing being brought onto their land, this may be a full-defence (Peters v Prince of Wales Theatre).
Act of God (Defences) [Paragraph 9]
The third is an Act of God. Where the extreme weather conditions that ‘no human foresight could provide against’ caused the escape (Nichols v Marshland).
Statutory Authority (Defences) [Paragraph 10]
The third is Statutory Authority. Where an Act of Parliament contains clear wording which obliges D to perform the activity (Charing Cross Electricity v Hydraulic Co).
Contributory Negligence (Defences) [Paragraph 11]
The final is Contributory Negligence. Under the Law Reform (Contributory Negligence) Act 1945 if the Claimant is partly responsible for the escape, this may be a partial-defence.
