Rylands v Fletcher Flashcards
What is Rylands v Fletcher?
Where the D brings something onto their land and stores it there, it escapes and causes damage to the claimants land - strict liability law that established a four stage test
What is the first stage of Rylands v Fletcher?
A non-natural use of the land - D has brought something onto their property that was not naturally there, may be non-natural due to quantity or volume
What was held in Tansco v Stockport MBC in Rylands v Fletcher?
Defined non-natural use as something that is “extraordinary and unusual” and a “special use bringing increased danger to others”
What is stage two of Rylands v Fletcher? name the key case
An escape of the thing brought onto the land - must escape from a place the D had an occupation or control over, to a place outside of that (Read v Lyons) - held the ‘thing’ itself must actually escape
What is stage three of Rylands v Fletcher? name the key case
Damage caused by the escape - Blackburn J in Rylands stated the “D will be liable for all the damage which is the natural consequence of the escape”
What is stage four of Rylands v Fletcher?
The damage is of a foreseeable type - damage must be foreseeable, not too remote. If D cannot predict it, they cannot prevent it (Cambridge Water)
What are the five defences in Rylands v Fletcher?
-Acts of a Third Party (Rickards v Lothian)
-Acts of God (Nichols v Marsland)
-Statutory Authority
-Default (Acts) of the Claimant
-Consent of the claimant
What is the defence of Acts of a Third Party for Rylands v Fletcher? name the key case
Defence is 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 defence of Acts of God in Rylands v Fletcher? name the key case
Where the escape is due to natural causes that no human foresight could have guarded against. However, it is rare for the defence to succeed - heavy rainfall will not be enough (Nichols v Marsland)
What is the defence of Statutory Authority in Rylands v Fletcher?
defence is available if escape is caused by something the D is legally obligated to do under an Act of Parliament
What is the defence of default of the claimant for Rylands v Fletcher?
Damage is due to the act/default of the claimant
What is the defence of consent for Rylands v Fletcher?
C expressed or implied consent to D accumulating the thing before the escape
