Rylands V Fletcher

• What type of tort is Rylands V Fletcher?

  Common law
• What is Rylands V Fletcher defined as?

  D. is liable if, on his land, he accumulates a dangerous thing through a non-natural use of that land and it escapes and causes reasonably foreseeable damage
• What can Rylands V Fletcher be described as?

  Strict liability
• Why is Rylands V Fletcher a strict liability tort?

  D. may be liable without being negligent
• What did Cambridge identify Rylands V Fletcher as?

  A type of nuisance
• What are the six requires for Rylands V Fletcher?

  Claimant's legal position

  Accumulation on the D's land

  A dangerous thing

  A non-natural use

  An escape

  Damage must not be too remote
• What is the first element of Rylands V Fletcher?

  Claimant's legal position
• 1 ) Claimant's legal position

  C. must have legal interest in land (Canary Wharf)
• Which case tells us that for the "Claimant's legal position" the C. must have legal interest in the land?

  Canary Wharf
• 2 ) Accumulation on the D's land

  D. must voluntarily bring onto his land an accumulation of the escaped substance (Miles)
• Which case tells us that for the "Accumulation on the D's land" the D. must voluntarily bring onto his land an accumulation of the escaped substance?

  Miles
• Which case tells us that if the escaped substance is naturally accumulated there is no liability?

  Giles
• What does Giles tell us about "Accumulation on the D's land"?

  If the escaped substance is naturally accumulated, there's no liability
• 3 ) Dangerous

  Likely to cause mischief
• What does Shiffman tell us is likely to be held as dangerous?

  Flagpole
• What does Hale tell us is likely to be held as dangerous?

  Fairground ride
• What does Hillier tell us is likely to be held as dangerous?

  Electricity
• Which case tells us that electricity is likely to be held as dangerous?

  Hillier
• Which case tells us that a fairground ride is likely to be held as dangerous?

  Hale
• Which case tells us a flagpole is likely to be held as dangerous?

  Shiffman
• 4 ) Non-natural use

  'Not commonplace' - extraordinary and unusual use (Transco)
• Which case tells us that non-natural now means 'extraordinary and unusual'?

  Transco
• What does Transco tell us about non-natural?

  Means 'extraordinary and unusual'
• What does Cambridge tell us will be non-natural?

  Large amounts of a substance
• Which case tells us that large amounts of a substance will be non-natural?

  Cambridge
• Which is a case demonstrating a natural use of land?

  Rickards
• What did Moulton say about a "Non-natural use" in Rickards?

  Must be some special use bringing increased danger and not merely the ordinary use of the land
• 5 ) Escape

  Substance moved from land the D. controls to land they do not
• 6 ) Damage must not be too remote

  Remoteness of damage - was the C's damage a reasonably foreseeable consequence of the escape (Wagon Mound)
• What are damages not awarded for in Rylands V Fletcher?

  Personal injury
• What are damages awarded for in Rylands V Fletcher?

  Damage to property and consequential losses