Rylands v fletcher Flashcards
(22 cards)
Why was Rylands v Fletcher developed?
To deal with specific issues relating to pollution at the time when there was no legislation to deal with this
Is Rylands v Fletcher a tort of strict liability?
What does this mean?
Yes, D is liable for the escape even though there is no fault or negligence on his or her part
What is and is not compensated for if the Defendant is liable?
Damage to property is compensated for but personal injury is not
What happened in Rylands v fletcher 1868?
D constructed a reservoir on their land. Unknown to D, water was filtering through a disused mine shaft and then spreading to a working mine, owned by C, causing extensive damage
What is the key ‘definition’ in Rylands v Fletcher?
A person who brings onto their land and keeps there a dangerous thing in the course of a non-natural use of the land is strictly liable for any damage caused by its escape
What are the 6 elements which must be established to prove liability in rylands v fletcher?
- ESTABLISHING PARTIES (That the claimant has right to bring an action, and the person they are suing is capable of being the defendant)
- D BROUGHT/KEPT
(That the D brought onto their land and kept there) - DANGEROUS THING
- NON-NATURAL USE OF LAND
- ESCAPE
There was an escape of the dangerous thing - DAMAGE
The escape caused reasonably foreseeable damage
What must a claimant have to persue a claim?
A legal interest in land
Who is the defendant?
The person who has control over the land on which the dangerous thing is stored
Can there be liability if the ‘thing’ brought onto the land is naturally present on the land, or accumulates naturally e.g. rainwater ?
No
State the facts and law in Giles v Walker
Facts: D ploughed up his field which then became self-sown with thistles that spread to neighbouring land
Law: The claim failed as the accumulation of thistles was natural
What is meant by a dangerous thing?
Anything likely to do damage if it escapes
- It includes things which are not inherently dangerous such as water, but pose an exceptional risk if to escape
State the facts and law from Hale v Jennings
Facts: A chair from a fairground ride flew off mid-ride
Law: This was a dangerous thing
What does the law say regarding damage by fire?
-Damage by fire does not usually give rise to liability
-It must be the thing which fuels the fire which escapes and is dangerous, rather than the fire itself
State the facts and law in Stabbard v Gore
Facts: D’s tyre store caught on fire and spread to C’s adjoining property
Law: D’s weren’t liable because the tyres weren’t exceptionally dangerous and had not escaped
What is meant by a Non-natural use of land?
An extraordinary and unusual use of land
State the facts and law in Transco v stockport
Facts: supplying water to flats was an ordinary (natural) use of land
Law: ‘non-natural’ was not helpful, it was better to ask whether the D was an ordinary user
State the facts and law from Cambridge water v Eastern Leather
Facts: There was a spillage of solvent from D’s factory into the soil and contaminated the water from a spring owned by C
Law: Bulk storage of chemicals was a non-natural use
Where must the escape occur?
From the land that D controls to land that he or she does not control
State the facts and law in Read v Lyons
Facts: C was injured by an exploding shell while inspecting a munitions factory
Law: The claim failed because she was still on D’s property so there was no escape
What kind of damage must be caused by the escape?
Reasonably foreseeable damage
Name the case which failed due to the fact that the damage to C’s spring of water was not reasonably foreseeable, it was too remote
Cambridge Water v Eastern Leather
Name the 5 defence’s to a claim in Rylands v Fletcher
- Act of a stranger
- Act of god
- Statutory authority
- Consent
- Contributory negligence
