Rylands v Fletcher

Question 1

(Rylands v Fletcher) = What is the rule of Rylands v Fletcher?

Answer 1

• This covers damages to the claimants property caused by something coming from the defendants land bnlo

Question 2

(Rylands v Fletcher) = What did Mr Justice Blackburn state?

Answer 2

• A person who brings onto his land and keeps there anything likely to do mischief and it escapes, they must keep it in their peril and if he does not, he is prima facie answering for all the damage which is the natural consequence of its escape?

Question 3

(Rylands v Fletcher) = What is Prima Facie?

Answer 3

• At first sight or on the face of it
• Supports a case at first glance

Question 4

(Rylands v Fletcher) = What must the thing of the land be?

Answer 4

• The thing brought onto the land must amount to a non-natural use of the land

Question 5

(Rylands v Fletcher) = What type of offence is Rylands v Fletcher?

Answer 5

• It is a strict liability offence even when the defendant has taking care to avoid the escape

Question 6

(Rylands v Fletcher) = What are the elements of Rylands v Fletcher?

Answer 6

1. Bringing onto the land or storing on the land
2. A thing that would likely cause mischief if it escapes
3. Amounts to a non-natural use of the land
4. Which does escape and causes reasonably foreseeable damage

Question 7

(Rylands v Fletcher) = Who are the parties to an action in Rylands v Fletcher?

Answer 7

• Traditionally it has been the owner or renter who have an interest in the land
• A defendant in Rylands v Fletcher will be either the owner or occupier of the land to be liable. It will be assumed they had some control over the land where the material is stored

Question 8

(Rylands v Fletcher) = What does bringing onto the land mean?

Answer 8

• Bringing onto the land a substance which is not naturally present on the land

Question 9

(Rylands v Fletcher) = What does it mean if it is likely to do mischief if it escapes?

Answer 9

• This is based on a test of foreseeability
• The damage must be foreseeable

Question 10

(Rylands v Fletcher) = What is a non-natural use of the land?

Answer 10

• Lord Cairns argued that if it had been desired to use it for any purposes which are deemed non-natural use of the land and then in consequence of doing so it escapes, the defendants were doing it at their own peril
• Lord Moulton argued = It must be some special use bringing it with increased danger to other rather than ordinary use or for the general benefit of the community
• Case law suggests that non natural refers to extraordinary or unusual use of the land

Question 11

(Rylands v Fletcher) = What does must escape and cause foreseeable damage mean?

Answer 11

• The substance must move from one property to one another
• However there can also be liability if it is on the same land

Question 12

(Rylands v Fletcher) = What are the circumstances where fire does fall under Rylands v Fletcher?

Answer 12

• It is rare that fire can be claimed but there are three circumstances when it does
  1. If it is the thing that has escaped rather than the fire
  2. A dangerous fire was deliberately or negligently started
  3. Starting a fire may be an ordinary use of the land

Question 13

(Rylands v Fletcher) = What are the defences of Rylands v Fletcher?

Answer 13

• Act of a stranger
• Act of a god
• Volenti non fit injuria
• Statutory Authority
• Contributory Negligence

Question 14

What is the development of Rylands v Fletcher?

Answer 14

• Rylands v Fletcher should be easier to claim however there is a number of defences. There are additional factors that make it difficult to claim