Rylands v Fletcher

• What type of liability is Rylands v Fletcher based on?

  Strict liability
• What was the main issue in the Rylands v Fletcher case?

  Water from a reservoir flooded claimants' mines
• Who was the defendant in Rylands v Fletcher?

  The proprietor of a mill
• What did Justice Blackburn apply in his judgement?

  A new area of law analogous to existing authorities
• What did the House of Lords add to the Rylands v Fletcher ruling?

  Non-natural use of land
• What are the components of Rylands v Fletcher as established by the court?

  • Accumulation
  • Escape
  • Non-natural user
  • Foreseeable loss
  • No recovery for personal injury
• What does 'accumulation' refer to in Rylands v Fletcher?

  Bringing something onto the land and accumulating it
• Does 'accumulation' apply to natural accumulations?

  No, it does not apply
• What case illustrates the principle of accumulation?

  Giles v Walker [1890]
• What is required for an 'escape' to occur in Rylands v Fletcher?

  From something controlled to something uncontrolled
• Can the escape be intentional or unintentional?

  Yes, it can be either
• What must escape be in relation to the accumulation?

  The thing that was accumulated
• Which case involved the concept of escape?

  Read v J Lyons [1947]
• What are the three aspects that must be met for strict liability to apply?

  1. Accumulation
  2. Escape
  3. Non-natural use
• How have courts rephrased 'non-natural use'?

  As 'special' or 'not ordinary or common'
• What case described non-natural use as 'inherently dangerous'?

  Hale v Jennings (1938)
• What is an essential element of the rule in Rylands v Fletcher?

  Reasonably foreseeable harm
• What does the test of foreseeability of damage relate to?

  Wagon Mound No. 2
• Can Rylands v Fletcher be used for personal injury claims?

  No, it cannot be used
• What is the current position on personal injury in Rylands v Fletcher?

  It cannot be used for personal injury
• What are the defences in Rylands v Fletcher?

  • Unforeseeable act of a stranger
  • Statutory authority
  • Act of God
  • Consent
• Which case illustrates the defence of unforeseeable act of a stranger?

  Richards v Lothian [1913]
• What case is associated with the defence of statutory authority?

  Jones v Ffestiniog Railway
• What is the defence of 'Act of God' illustrated by?

  Nicholas v Marsland
• Which case illustrates the defence of consent?

  Peter v Prince of Wales Theatre [1943]