Rylands vs Fletchers

Question 1

Rylands vs Fletcher definition

Answer 1

Where the D brings something onto their land and stores it there. It escapes and causes damage to the claimants land. This is a strict liability offence so there s no defence just because theD acted with care and attention. There are four stages to prove.

Question 2

Rylands vs fetcher stage 1

Answer 2

Firstly, there must be a non-natural use of the land which means D has brought something onto the property that was not naturally there. Transco defined non natural use as a use which is” extraordinary and unusual” or as a “special use bringing increase danger to others”

Question 3

Stage 2 of Rylands vs Fletcher

Answer 3

Secondly, there must be an escape of the thing brought onto the land. There must be an escape from a place that the D had occupation or control of, to a place where they did not (Read vs Lyons).

Question 4

Stage 3 Rylands vs Fletcher

Answer 4

Thirdly, there must be damage caused by the escape. Rylands vs Blackburn J said that “D will be liable for all the damage which is the natural consequence of the escape”.

Question 5

Stage 4 of Rylands vs Fletcher

Answer 5

Finally, the damage must be of a foreseeable type and bot too remote (Cambridge water). If the D cannot predict it, they cannot prevent it.

Question 6

Defences or rylands vs Fletcher

Answer 6

• Acts of a third party (Richards vs Lothian)
• Acts of god (Natural disaster) - (Nichols v Marsland)
• Statutory authority- Act of parliament
• Acts/defaults of the claimant
• Consent of the claimant