Rylands v Fletcher - non-natural use of land-FS Flashcards
(10 cards)
What is the second element of a Rylands v Fletcher claim
The defendant’s use of land must be non-natural, meaning it must be extraordinary or unusual according to the standards of the day.
How do courts assess whether a use of land is non-natural?
he court examines whether the activity is ordinary, routine, or appropriate for the location and circumstances, considering the volume and nature of the substance involved.
Is storing large quantities of hazardous substances likely to be considered a non-natural use of land?
Yes. The greater the volume and the more dangerous the substance, the more likely the courts are to classify the use as non-natural.
Does a use being industrial or commercial automatically make it non-natural?
No. Courts consider context and scale. Routine industrial activity may be natural in some areas, but large-scale hazardous storage often tips the balance towards non-natural use.
Why does the volume of a dangerous substance matter under Rylands v Fletcher?
Because higher quantities increase the likelihood and scale of harm if an escape occurs, influencing the court’s finding that the use is non-natural.
Can an everyday utility like water be considered a non-natural use?
Not generally. Routine uses of essential services like water supply are considered natural, unless the system or storage presents unusual risk.
Why might the use of land for storing petrol be considered non-natural?
Due to the inherent danger of petrol and the substantial risk associated with its escape, even though petrol stations are commonplace.
Is the negligence of a third party relevant to determining non-natural use?
Is the negligence of a third party relevant to determining non-natural use?
How is the concept of non-natural use related to modern standards?
What counts as non-natural is assessed by reference to contemporary expectations, not historical norms. It’s a flexible standard shaped by context.
Why would the use of land for fuel delivery and storage support liability under Rylands v Fletcher?
Because the storage of large volumes of a hazardous material like petrol is considered non-natural, particularly where the risk of explosion or escape is substantial.
