Rylands v Fletcher (Paper 2) Flashcards
What is the definition of the tort of Rylands v Fletcher
D brings something onto their land and stores it there, it escapes, and causes damage to C’s land
What does it mean that Rylands v Fletcher is a strict liability law
There is no defence just because D acted with care and attention
How many stages are there to claim
Four
What is stage 1 of Rylands
There must be a non-natural use of the land, which means D has brought something onto their property that was not naturally there
What is the definition of non-natural use under Transco v Stockport
A use which is ‘extraordinary and unusual’ or as a ‘special use bringing increased danger to others’
What is stage 2 of Rylands
There must be an escape of the thing brought onto the land
What is the ruling from Read v Lyons
There must be an escape from a place that D had occupation of, or control over, to a place outside their occupation or control
What is stage 3 of Rylands
There must be damage caused by the escape
What is Blackburn J’s quote in Rylands
D will be liable for all the damage which is the natural consequence of its escape
What is stage 4 of Rylands
The damage must be of a foreseeable type and not too remote (Cambridge Water)
When will the defence of Act of Third Party be available
If D was not able to reasonably foresee the actions of the third party and take steps to prevent them (Rickards v Lothian)
What is the definition of Act of God
Escape is due to natural causes that no human foresight could have guarded against
Which case says the defence rarely succeeds
Nichols v Marsland
What are the remaining defences used for Rylands
Statutory Authority, Default of the Claimant, Consent
What remedies are available
Compensatory damages
