Rylands V Fletcher

Question 1

What is Rylands v Fletchers

Answer 1

When the D brings something onto their land, it escapes and causes damage to the land. This is a strict liability offence. (Rylands v Fletcher)

Question 2

Stage 1 - bringing something onto the land

Answer 2

There must be the bringing onto the land of a dangerous thing, which must accumulate on the land
D - D must bring something hazardous onto the land, and keep it there. If it is naturally present on the land, it is not an accumulation (Giles v Walker)
The thing must be accumulated for the D’s own purpose (Dunne v North West Gas Board)

Question 3

Stage 2 - likely to cause damage if it escapes

Answer 3

Hazardous thing likely to cause mischief if it escapes. This is a test of foreseeability - damage must be foreseeable, not that the thing itself uis dangerous (Hale v Jenning Bros)

Question 4

Stage 3 - thing escapes

Answer 4

The thing stored must escape from a place that the D had occupation of, or control over, to a place outside of their occupation or control (Read v Lyons)

Question 5

Stage 4 - non natural use of land

Answer 5

The d must have brought something onto the land that was not naturally there
Transco - “extraordinary ans unusual, considering the time and place” or as a “special use bringing increased danger to others” - can be due to volume, quantity and the place where it is stored.

Question 6

Stage 5 - damage must be reasonably foreseeable and not too remote

Answer 6

Damage must be of a foreseeable type and not too remote (Cambridge Water).
If the D cannot predict it, they cannot prevent it so they may not be liable

Question 7

Defences

Answer 7

Acts of a third party - could not foresee the acts of a third party and therefore cannot take reasonable steps to prevent their actions (Perry v Kendricks)
Act of god - escape due to natural causes that humans cannot guard against (Greencock)
Statutory authority - scape caused by something D is obligated to do under an act or parliament, compete defence
Default of c - damage due to act of c
Consent - c expressly or impliedly consents to accumulation of thing

Question 8

Remedies

Answer 8

Compensatory damages
SR - personal injury Transco v Stockport
SR - economic loss, no liability for pure (Weller v Foot and Mouth disease research institute