Torts connected to land - Rylands v Fletcher Flashcards
What are the facts of Rylands v Fletcher?
D owned a mill and hired some contractors to construct a reservoir to supply it with water, the reservoir overflowed and flooded nearby mineshafts.
What principle comes from Rylands v Fletcher?
The person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril
Who can claim under Rylands v Fletcher? Case.
Someone with a property interest in the land - Transco PLC v Stockport MBC
Which case says a landlord is not liable for the actions of his tenant?
Smith v Scott
What are the requirements for Rylands v Fletcher?
Accumulation Mischief Escape Non-natural use Defence Damage
What is meant by accumulation? Case.
D must bring the thing that causes the harm onto his land, it cannot naturally occur on the land.
Giles v Walker - Thistles occur naturally, claim unsuccessful
Which case shows that the thing accumulated must be for D’s own purposes?
Dunne v North West Gas Board - Gas escaped from a gas main leading to 5 R v F claims, unsuccessful as the gas board was not accumulating gas for their own use.
Which case shows that the thing accumulated does not need to be the thing which escapes?
Miles v Forest Rock Granite - Whilst the escaped rocks were not accumulated the explosives that caused them to escape were
What is meant by mischief?
It is likely that the thing accumulated could cause damage if it escapes, even if it is not inherently dangerous
Give 4 examples of dangerous things that could escape. 4 Cases.
Gas - Batchellor v Tunbridge Wells Gas Co.
Electricity - National Telephone v Baker
Poisonous Fumes - West v Bristol Tramway
Flagpole - Shiffman v Order of St John
What was held in Hale v Jennings?
A chair breaking of a fairground round is an escape
What was held in Crowhurst v Amersham?
D planted a Yew tree over the fence with C’s property, C’s horse could reach the poisonous leaves.
Held: As the tree had poisonous qualities it was a non-natural use of the land
What is meant by escape?
The damage must occur outside the D’s land for a successful claim.
Which case was not successful because the injury happened on D’s property?
Read v Lyons
How is Ponting v Noakes different to Crowhurst v Amersham?
In Ponting the horse reached over the fence to the Yew leaves meaning there was no escape unlike in Crowhurst.
Ponting - D Not Liable
Crowhurst - D Liable
What does the case Cambridge Waters say regarding foreseeability?
Foreseeability of the type of damage is required for liability in actions nuisance
What is meant by Non-Natural use? Case.
Rickards v Lothian - ‘‘Some special use bringing with it increased danger to others’’
It has now become a non-ordinary use
How will courts determine what is a non-ordinary use?
It will depend on the place, time and the context of the use of the land.
What is meant by defence to damage? Case
No liability for pure economic loss
Subject to further rules on Causation and Remoteness of Damage - The Wagon Mound No.1
What defences are available for Rylands v Fletcher?
Act of a Stranger
Act of God
Statutory Authority
Consent
Give 3 positive points about Rylands v Fletcher
1) Easy to prove - C can get compensation
2) There are multiple defences
3) Strict test for foreseeability
Give 3 Negative points about Rylands v Fletcher
1) Wide range of defences increases complexity
2) Overlap with Nuisance and Negligence - is R v F necessary
3) Law Commission has described it as complex and uncertain
