Ryland's v Fletcher

• The four elements:

  1.       The defendant is in control and possession of the land (Rylands) onto which he brings and accumulates the thing (Giles).

  2.       The thing would cause mischief if it escaped. (Stannard v Gore)

  3.       The thing escapes from the land in control and possession of the defendant to land in the control and possession of the claimant (Hale) and causes reasonably foreseeable harm (Cambridge).

  4.       The defendant’s use of land is non-natural which means extraordinary and unusual in the time and place (Transco).
• Note:

  Claimant can only claim for property damage. 

  Mischief refers to property damage.

  The thing needs to cause mischief if it escapes but need not be dangerous in itself (Cambridge).
• Rylands v Fletcher – created the tort and is used to show element 1. Defendant was in control and possession of the water which he brought on and accumulated on his land.
• ·       Giles v Walker 


  
  

  used to develop element 1. Case failed as the thistles were not brought on and accumulated on the land.
• ·       Stannard v Gore

  used to develop element 2. In this case, tyres would cause mischief if they escaped.  But claim failed as it was fire/smoke that escaped, and not the tyres.
• ·       Hale v Jennings

  used for element 3. Chairoplane escaped from the defendants fairground ride to the claimants area.
• ·       Cambridge Water 


  used to develop element 3. Here the claim failed as the harm was not reasonably foreseeable.
• Transco

  used to develop element 4.  In this case the use of land (water pipes) was not non-natural.  It also established that non-natural means extraordinary and unusual considering the time and place.
• Defences:

  
  

  • Act of stranger
  • Act of God
• ·       Act of stranger 


  a person over whom the defendant has no control was responsible for the thing escaping. (Perry v Kendrick).
• ·       Act of God 


  where extreme and unforeseeable weather caused the thing to escape. (Nicholas v Marsland)
• Remedies:

  Can claim for reasonably foreseeable property damage but not personal injury