Introduction to the rule in Rylands v Fletcher- FS

Question 1

What is the core principle behind the rule in Rylands v Fletcher?

Answer 1

The rule imposes strict liability on a defendant for damage caused by the escape of something dangerous from their land due to their non-natural use of that land.

Question 2

What does strict liability mean in the context of Rylands v Fletcher?

Answer 2

The defendant is liable regardless of fault—it does not matter whether they intended the escape or exercised reasonable care.

Question 3

What must the claimant prove to succeed under Rylands v Fletcher?

Answer 3

That the defendant brought a dangerous thing onto their land, that it was a non-natural use of the land, it escaped, and the escape caused property damage.

Question 4

What qualifies as a “non-natural use” of land under the rule?

Answer 4

A non-natural use refers to a use that is extraordinary, unusual, or inherently hazardous in the context of the area and circumstances.

Question 5

Who can sue under the rule in Rylands v Fletcher?

Answer 5

Only individuals with exclusive possession of the affected land—such as owners, tenants, or easement holders—can bring a claim.

Question 6

Who can be held liable under the rule in Rylands v Fletcher?

Answer 6

The person who has control of the land from which the escape occurred—usually the occupier or owner.

Question 7

What types of losses are recoverable under the rule in Rylands v Fletcher?

Answer 7

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

Question 8

Why is personal injury not recoverable under Rylands v Fletcher?

Answer 8

Because the tort is designed to protect interests in land, and is aligned with private nuisance, where personal injury is also excluded.

Question 9

How does Rylands v Fletcher relate to private nuisance?

Answer 9

It is considered a specific form of private nuisance focused on the escape of hazardous substances, with a strict liability standard.

Question 10

Why is it important that the damaging substance “escapes” under Rylands v Fletcher?

Answer 10

The tort applies only where the dangerous thing moves from the defendant’s land onto the claimant’s land, causing damage—no escape, no liability