Rylands v Fletcher Flashcards
(8 cards)
Definition of Rylands v Fletcher
D brings something onto their land and stores it there. This escapes and causes damage to C’s property (Rylands v Fletcher).
Stage 1 of Rylands v Fletcher
Firstly, the D must bring something onto their land, and have it accumulate there.
It must be hazardous, and if it is naturally present, 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).
Stage 2 of Rylands v Fletcher
The thing the D brings onto their land must be likely to cause mischief if it escapes.
This is a test of foreseeability - The damage must be foreseeable if the the thing escapes, not that the thing itself is inherently dangerous (Hale v Jenning Bros).
Stage 3 of Rylands v Fletcher
The thing stored must escape.
This must be from a place the d has occupation or control over, to a place outside his/her occupation of control (Read v Lyons).
Stage 4 of Rylands v Fletcher
The use of land must be considered a non-natural use. This means the D brought something on their property that was not naturally there.
Transco defined this as ‘extraordinary and unusual, considering the time and place’ or as a ‘special use bringing increased danger to others’.
This can be due to quantity, volume and place where it is stored.
Stage 5 of Rylands v Fletcher
Must be established the damage is of a foreseeable type, and not too remote (Cambridge Water).
If the D cannot predict it, they cannot prevent it.
Defences for Rylands v Fletcher
Act of a Third Party - Actions of a third party were not reasonably foreseeable. The D must have no control over them (Perry v Kendricks).
Act of God - E is due to natural causes that no human foresight could have prevented (Greenock).
Statutory Authority - Escape is caused by something D is obligated to do under an act of parliament.
Default of C - Damage was due to an act done by the C, then the D will not be liable.
Consent - C expressly/impliedly consents to D accumulating the thing - C WILL NOT BE ENTITLED TO REMEDIES.
Remedies of Rylands v Fletcher
Compensatory Damages - C can be granted compensatory damages for any damage suffered to the property following the escape.
Side Rule: Personal Injury - Lord Hoffman in Transco confirmed personal injury cannot be claimed under RvF.
Side Rule: Economic Loss - No liability for pure economic loss under RvF. This is established in Weller v F&M Disease Research Institute.
