Rylands V Fletcher

• What are the key ingredients of the rule in Rylands v Fletcher?

  • D brought or kept
  • Dangerous thing
  • Non-natural use of land
  • Escape
  • Damage
• To what extent is liability under the rule really 'strict liability'?

  Damage to property is compensated, but not personal injury
• What is a 'non-natural' use of land?

  Ds use of the land must be extraordinary and unusual
• What must escape for the tort to operate?

  The danger
• Why was there no liability in Transco?

  Supplying water to flats was an ordinary use of the land so the claim failed
• What 2 defences apply specifically to ab action in Rylands?

  • Act of a stranger
  • Act of God
• What two important points does Transco establish about the rule in Rylands?

  "Non-natural" was not helpful and it was preferable to ask whether D was an ordinary user