Tort Law - Rylands v Fletcher Flashcards
what is Rylands v Fletcher?
a land tort where something has been brought onto land and has escaped into the land of their neighbour, so their neighbour wishes to sue.
C can only claim for…
property damage
what is the case of Rylands v Fletcher?
D owned a mill and hired contractors to create reservoir on his land. Contractors failed to block off disused mineshafts that connected to adjoining land. Water flooded mines. D liable.
claimant must have…
a proprietary interest in the land (either own or live on)
defendant must be…
the occupier of the land which they bring and accumulates something
what is the 4 part test to prove?
- brought and accumulated
- likely to cause mischief
- escapes and cause RF damage
- extraordinary and unusual use of land
what does ‘brought and accumulated’ mean?
the item must be brought and accumulated on land.
if it is naturally occurring then no claim can occur.
what case example can be used for ‘brought and accumulated’?
Giles - D’s thistles from garden blew into C’s crops and ruined them. No claim as naturally occurring.
what does ‘likely to cause mischief mean’?
it must be likely that the thing stored could cause a mischief.
the thing doesn’t have to be dangerous itself, just that it could cause an issue.
e.g large structures/large bodies of water
what case example can be used for ‘likely to cause mischief’?
Hale - D operated a chairoplane. One of the seats detached and escaped into the claimant’s land. D liable.
what does ‘escapes and causes reasonably foreseeable damages’ mean?
there are two elements:
1. the thing must physically escape from D’s land to C’s
2. the escape must then cause reasonably foreseeable damage.
issue with…
smoke - can escape but cannot be brought and stored
what case example can be used for ‘escapes and causes RF damage’?
Gore - D stored tyres on land. Fire lit and tyres fed fire to C’s land causing physical damage. Claim was successful.
what does ‘extraordinary and unusual use of land’?
D’s use of land must be extraordinary and usual in the time and place.
A natural use of land will not result in liability.
what case example can be used for ‘Extraordinary and unusual use of land’?
Transco - Pipe burst causing damage and flooding. D (a company) gave maintenance to pipes and was a natural use of land.
