Rylands v Fletcher

Question 1

definition

Answer 1

defined in Rylands v fletcher as where the d brings something into their land and stores it there, it escapes and causes damage to the cs land
-strict liability offence so there is no defence just because the d acted with care and intention
-4 stages to claim

Question 2

stage 1

Answer 2

must have been a non natural use of the land meaning d has brought something into their property that was not naturally there
this way be non natural due to quantity or volume and includes oil, chemicals even large quantities of water
- (Transco) defined non natural use as use which is “extraordinary and unusual” or as a “special use bringing increased danger to others”

Question 3

stage 2

Answer 3

there must be an escape of the thing brought onto the land, an escape from a place that d had occupation or control over, to place which is outside their occupation or control (Read V Lyons) the things itself must actually escape

Question 4

stage 3

Answer 4

there must be damage caused by the escape, in Rylands Blackburn J said “d will be liable for all the damage which is the natural consequence of its escape

Question 5

stage 4

Answer 5

the damage must be of a foreseeable type and not too remote (cambridge water)
if the d cannot predict it they cannot prevent it

Question 6

defences

Answer 6

-acts of 3rd cause escape, d was able to reasonably foresee actions of 3rd party and take steps to prevent them (richard’s v lothian)
- acts of god, escape due to natural consequences that no human foresight could have guarded against , rare to succeed (nichols v marsland)
-stat authority, escape is caused by something the d is legally obligated to do under act of parl
- acts/defaults of c
-consent of c express or implied to c accumulating the thing

Question 7

remedies

Answer 7

compensation, can claim for any damage suffered