Tort Law - Rylands V Fletcher

Question 1

General rule

Answer 1

The D is liable if on his land they accumulate a dangerous thing in the course of a non natural use of that land and that thing escape and causes reasonably foreseeable damage (Roland v Fletcher)

Question 2

Liability

Answer 2

All elements must be shown by the C - Cs position, accumulation, dangerous thing, non natural use, escape reasonably foreseable damage

Question 3

Liability - Cs position

Answer 3

C must have legal interest in the land (Hunter v Canary Wharf)

Question 4

Liability - accumulation

Answer 4

D must voluntarily bring c accumulation of the subject that escaped onto the land (Giles v Walker). Accumulation must be on the land that D controls and artificial

Question 5

Liability - a dangerous thing

Answer 5

The substance accumulated must be dangerously and pose exceptional risk (transco)

Question 6

Liability - non natural use

Answer 6

This is an extraordinary or unusual and not ordinary use of land (transco)

Question 7

Liability - escape

Answer 7

C must show that the substance escaped and moved from the land that the D controls (Read v Lyon’s & co)

Question 8

Liability - reasonably foreseeable damage

Answer 8

Only damage that is reasonably foreseeable can be recovered (Cambridge Water v Eastern Counties Leather)

Question 9

Defences

Answer 9

Act of stranger, act of god, statutory authority, D not liable if the escapes related to something maintained on the land for common benefit for C and D(Peters v Prince of Wales Theatre), the escape is due to the Cs fault (Dunn v Birmingham Canal co), consent, contributory negligence

Question 10

Defences - act of stranger

Answer 10

D not liable where the escape is caused by the deliberate and unforeseen act of a stranger (Richard’s v Lothian)

Question 11

Defence - act of god

Answer 11

Natural foreseen event, nothing D cagoule have don’t to stop it (Nicolas v Marsland)

Question 12

Defence - statutory authority

Answer 12

D is not liable if the escape occurs during activities authorised by an act of parliament (Green v Chelsea Waterworks Company)

Question 13

Defence - consent

Answer 13

C knows there’s a risk of D acting negligently and freely consents to that risk (Morris v Murray)
Consent not freely given-C has little choice (Smith v Baker) or C felt a moral obligation (Haynes v Harwood)

Question 14

Defence - contributory negligence

Answer 14

Partial defence. The law reform (contributory negligence act) 1945. Only applies when Cs own behaviour has fallen bellow standard expected of the reasonable man and C contributed to own loss. C contributed to accident (Brandon v Airtours). C made their injuries worse (Froom v Butcher)

Question 15

Remedies

Answer 15

Injunction - order to prohibit or control the activity (Miller v Jackson)
Damages - physical damage (Hunter v Canary Wharf), loss of use/enjoyment-damages are. Equal to the loss in the value to the land (Hunter v Canary Wharf), loss must be reasonably foreseeable (The Wagon Mound No2), special/general damages-pecuniary/non pecuniary losses under the damage act 1996