Rylands V Fletcher

Question 1

Describe

The C and D

British Celanese v Hunt

Apart RvF

Answer 1

C
Must be a person who has a interest in the land affected.

D
Must be in control or possession of their own land.

British Celanese v Hunt - The D must have some control over the land on which the material is stored.

Question 2

Introduce

Rylands v Fletcher

Rylands v Fletcher

Apart of RvF

Answer 2

Four part test from the case of Rylands v Fletcher

Question 3

Describe

Bringing onto the land and accumulation

Giles v Walker

Apart of RvF

Answer 3

The D must bring the thing onto the land and accumulate it there.

Giles v Walker - There will be no liability if the thing naturally accumulates there.

Question 4

Describe

The thing is likely to cause a mischief if it escapes

Apart of RvF

Answer 4

There must be an exceptionally high risk of danger, the thing does not need to be dangerous itself, only dangerous when it escapes.

Question 5

Describe

The thing escapes and causes reasonably foreseeable damage to C property.

Stannard v Gore, Hale v Jennings, Cambridge Water Co

Apart of RvF

Answer 5

Stannard v Gore - The thing must actually escape and cause harm to C’s land.

Hale v Jennings - The thing that escapes causes reasonable foreseeable damage.

Cambridge Water Co - The D will not be liable if harm is unforeseeable and too remote.

Question 6

Describe

An Extraordinary and unusual use of land.

Transco, Mason v Levy Autoparts

Apart of RvF

Answer 6

Transco - The use of land must be extra-ordinary and unusual considering the time and place.

Mason v Levy Autoparts - The storage of combustible materials in large quantities is unreasonable.

Question 7

Describe

Defences and Remedies

Perry v Kendrick

Apart of RvF

Answer 7

Volenti
Full defence if C consented to the thing accumulated.

Act of stranger

Perry v Kendrick - Full defence, is stranger D has no control over, has caused things to escape.

Act of God
Full defence, if thing caused by unforeseen and extreme weather conditions.

Act of C
Full defence if C caused thing to escape.

Public Benefit
Defence, if stored for common public benefit or C benefits from the storage.

Remedies
If successful, C gets compensatory damage to cover property damage, not for personal injury.

Question 8

Apply to an Exam Question

Flip

Apart of RvF

Answer 8

The C is (who has legal interest in land?)

The D is (Who has control or possession of their own land)

1
1) What did D bring onto land?
How did this accumulate there?

2
2)
Why is there an exceptionally high risk of harm, if the thing escapes?

3
3)
The thing escaped because… (why?)
The escape of… causes the harm or damage of (What damage did it do?)
This is (what kind of harm of this?)
The D could/n’t forsee that harm could occur if things escapes because?

4
4) The storage amounts to a natural/non-natural use of the land.
What was the purpose of the land? Why is this a natural or non-natural?

Defence
Volenti - Explain how C consented to escape or damage?
Act of C - How has C contributed to the damage.
Act of Stranger - Who is the stranger? What did they do? Did D have control?
Act of God - Why is this act of god? Was it unforeseen? Extreme weather?
Public benefit - What is the benefit of the accumulation of the thing?

Remedies
What was the damage?
If C is successful, get compensatory damage to cover properly but not personal injury.