Rylands V Fletcher Flashcards
I
The c may have a claim against the d under Rylands v Fletcher
D
This is defined in Rylands v Fletcher as where the d brings something onto their land and stores it there. It escapes and causes damage to the claimants land. This is a strict liability law because the d acted with care and attention. There are 4 factors to claim
E
Firstly there must be a non-natural use of the land which means that the d brought something of the land that was not naturally there. In Transco non-natural use was defined as a use which is extraordinary and unusual or as a special use of bringing increased danger to others
A
Apply
E
Secondly there must be an escape of the thing brought onto the land. There must be an escape from a place that the d had occupation or control over to a place which is outside their occupation of control (Read v Lyons’s)
A
Apply
E
Thirdly there must be damage caused by the escape in Rylands Blackburn J said the the d will be liable for all the damage which is the natural consequence of its escape
A
Apply
E
Finally they damage must be of a foreseeable type and not too remote (Cambridge water)
A
Apply
Defences
- ACTS OF THIRD PARTY- the defense will be available is the d was not able to reasonably foresee the actions of the third party and takes steps to prevent them
ACTS OF GOD- the scale is due to natural causes that no human foresight could have guarded again however it is rare for the defense to succeed (Nichols v Marsland)
STATUTORY AUTHORITY- if the escape is caused by something yeh d is legally obligated to do under an act of parliament
ACTS/defaults of the claimant - where the damage is due the the act or default of the c
CONSENT OF THE CLAIMANT-c expressly / impliedly consents to d accumulating the thing
Remedies
DAMAGES - the c can claim compensation for any damage suffered
