Tort-Negligence-Rylands v Fletcher Flashcards
What year was the Rylands v Fletcher case seen by the HoL?
1868
Summarise facts of Rylands v Fletcher.
Owner of water mill (D) got contractors to build a reservoir.
They sealed it badly and it leaked into C’s mine shafts, causing damage.
Owner liable.
Why was the owner liable in Rylands v Fletcher?
Rylands v Fletcher is strict liability
What is the other key case to now when studying Rylands v Fletcher?
Transco plc v Stockport MBC (2003)
What did the HoL confirm in Transco?
This is a sub-species of nuisance
Summarise facts of Transco plc.
D’s water-pipe leaked, washing away earth round a gas pipe causing damage.
Not liable as number of tests not met.
Test 1 for Rylands v Fletcher?
The C’s legal position
What does test 1 for Rylands v Fletcher mean?
As with private nuisance, C must have a legal interest in the land
What case is used for test 1 of Rylands V Fletcher?
Hunter v Canary Wharf (1997)
Test 2 for Rylands v Fletcher?
Accumulation
What does test 2 for Rylands v Fletcher mean?
The D must have brought onto his land an accumulation of the substance which escaped.
What must the substance which the D accumulate be?
It must be there “artificially” rather than “naturally”.
What case is used for test 2 of Rylands v Fletcher?
Giles v Walker (1980)
Facts of Giles v Walker (1980)
D ploughed his land which then became covered in thistles which spread to the neighbour’s land.
Not liable as the accumulation of thistles was natural not artificial
How many tests are there for Rylands v Fletcher?
6
What are the 5 tests for Rylands v Fletcher?
- C’s legal position
- Accumulation
- A dangerous thing
- Extraordinary and unusual purpose
- Escape
- Reasonably foreseeable damage
Test 3 of Rylands v Fletcher.
A dangerous thing
What does test 3 of Rylands v Fletcher mean?
The substance must be dangerous
What are the only 2 ways in which a substance could be dangerous for test 3 of Rylands v Fletcher?
- Could be obviously dangerous - explosives, acids etc
- Could be dangerous when stored in large amounts - e.g., water in Rylands v Fletcher
Case for test 3 of Rylands v Fletcher.
Hale v Jennings Bros (1938)
Facts of Hales v Jennings Bros (1938).
The dangerous things was a chair from a fairground ride which came off mid-ride.
What does the HoL say in Transco about the 3rd test-a dangerous thing?
This test could also be posed as something which creates “exceptional risk”
(water leaking out of pipe did not meet this test)
Test 4 of Rylands v Fletcher.
Extraordinary and unusual purpose
How was test 4 explained by Rylands v Fletcher?
It was stated that the dangerous accumulated substance must be there for a non-commonplace reason
What did the HoL rephrase test 4 in Transco?
The accumulated substance must be there for a reason which is “extraordinary and unsual”.
Cases for test 4 of Rylands v Fletcher.
Rickards v Lothian (1913)
Cambridge Water v Eastern Counties Leather (1913)
Facts of Rickards v Lothian (1913).
Tap overflowed and damaged goods a floor below.
Not liable as a tap supplied by a pipe is an ordinary way of using a building
Facts of Cambridge Water v Eastern Counties Leather (1913).
Industrial chemicals leaked and damaged a nearby springs; HoL said storage of chemicals was non-natural
Test 5 of Rylands v Fletcher.
Escape
What does test 5 mean from Rylands v Fletcher?
Substance must have moved from the land the D controls to land he does not.
Case for test 5.
Read v Lyons (1946).
Facts of Read v Lyons (1946)
C was an inspector injured by an exploding shell at a munitions factory,
No liability as no escape.
Test 6 of Rylands v Fletcher.
Reasonably foreseeable damage.
Case for test 6.
Cambridge Water v Eastern Counties Leather (1913)
Why did Cambridge Water not meet test 6?
The damage was not foreseeable
What defences are available for Rylands v Fletcher?
Act of a stranger
Act of God
Statutory authority
Benefit of D and C
Fault of C
Fault partly Cs/sensitive land
What does the defence of an act of a stranger mean?
D not liable if the escape is caused by the deliberate and unforeseen act of a stranger.
Case for act of a stranger.
Rickards v Lothian (1913)
Why was it an act of a stranger in Rickards?
A stranger had locked the drain and left the tap on
What does the defence of an act of God mean?
That is, a natural event so enormous it could not be foreseen or guarded against
Case for an act of God.
Nichols v Marsland (1876)
Facts of Nichols v Marsland (1876)
D not liable for water escaping from his artificial lake as it was caused by the worse rain storm in living memory
What does the defence of statutory authority mean?
D not liable if the escape occurs during the activities authorised by an Act of Parliament, unless negligence is involved.
Case for statutory authority.
Green v Chelsea Waterworks Company (1894)
Facts of Green v Chelsea Waterworks Company (1894).
D not liable for a burst pipe that had flooded C’s land as he had statutory duty to maintain the water supply.
What does the defence benefit of the D and C mean?
No liability if escape relates to something being maintained for the benefit of the D and C e.g., water pipes in a block of flats
What does the defence of fault of C mean?
D not liable if the escape was due to a fault of the C
What does the defence of partly C’s fault/ sensitive land mean?
C’s damages reduced is the escape was partly his fault or the damage was made worse by the highly sensitive nature of his property.
