four elements to a claim (The rule in Rylands v Fletcher - Nuisance)- FS

Question 1

What is the core rule established in Rylands v Fletcher?

Answer 1

A person who, for their own purposes, brings onto their land and keeps anything likely to do mischief if it escapes is prima facie liable for damage caused by its escape.

Question 2

What are the four elements required to establish liability under the rule in Rylands v Fletcher?

Answer 2

(1) The defendant brings and keeps something on their land,

(2) The use of the land is non-natural
,
(3) The thing is likely to cause
mischief if it escapes,

(4) There is an escape causing foreseeable damage to property.

Question 3

What qualifies as the first element of the Rylands v Fletcher rule?

Answer 3

The defendant must have brought something onto the land and kept it there. Liability does not arise from things that occur naturally on the land.

Question 4

When is there no liability under Rylands v Fletcher for an escape?

Answer 4

When the harmful substance or object originated naturally on the land and was not introduced by the defendant.

Question 5

Can liability arise when a brought-on substance causes something else to escape?

Answer 5

Yes. If the thing brought onto the land (e.g., explosives) causes the escape of another substance (e.g., rocks), liability may still arise under the rule.

Question 6

Why does the rule in Rylands v Fletcher impose strict liability?

Answer 6

Because the focus is on the danger and escape, not on whether the defendant acted negligently or exercised reasonable care.

Question 7

What does “non-natural use” of land mean under Rylands v Fletcher?

Answer 7

A use that is extraordinary, unusual, or increases risk compared to ordinary uses in that location. It must pose an increased danger to others.

Question 8

Can the escape involve a secondary substance dislodged or caused by the primary dangerous item?

Answer 8

Yes. If the item brought onto the land triggers the escape of another harmful thing, that can still satisfy the escape requirement.

Question 9

Can the rule in Rylands v Fletcher apply to naturally growing plants or features?

Answer 9

No. The rule does not apply if the nuisance is caused by naturally occurring things like plants or seeds that the defendant did not introduce.

Question 10

What type of harm is recoverable under Rylands v Fletcher?

Answer 10

Only property damage and consequential economic loss are recoverable. Personal injury is not recoverable under this tort.