Rylands v Fletcher

• What is Rylands v Fletcher?

  D brings something onto his own land and keep it there when its likely to cause mischief if it escapes.
• What parties are involved?

  Claimant

  • Must have interest in land - legal interest, owner or tenant - Hunter v Canary Wharf

  Defendant

  • Must be accumulator or occupier of land where accumulation happened - Read v Lyons
• What are the requirements

  1. D has brought something onto land and accumulated it there
  2. Something likely to cause mischief if it escapes
  3. Non natural use of land
  4. Which does escape
  5. Causes reasonably foreseeable damage to C's property
• First requirement

  D has brought something onto land and accumulated it there

  D must have brought something not naturally occurring

  • Seeds from thistles is natural - Giles v Walker
  • Rainwater is natural - Ellison v MOD
• Second requirement

  Likely to cause mischief if it escapes - (only IF it escapes, its foreseeable that it WILL cause damage)

  Includes:

  • Gas and electricity - Hiller v Air Ministry
  • Flammable materials in dangerous quantities - Mason v Levy
  • Flagpoles - Schiffman
  • Yew tree branches - Crowhurst
  • Chair on fairground ride - Hale v Jennings

  Does not include:

  • Fire from natural use of land - Stannard v Gore
• Third requirement

  Non natural use of land

  Non natural means ordinary - Transco v Stockport

  Non natural:

  • Potentially dangerous activity - Cambridge Water v Eastern Counties Leather
  • Dangerously high quantities - Mason v Levy

  Natural:

  • Public benefit - British Celanese ---> but its balanced against other factors
• Fourth requirement

  Which does then escape

  • Escape from land D has control over - British Celanese
  • Escape from circumstances D has control over - Hale v Jennings
• Fifth requirement

  Causes reasonably foreseeable damage

  • Must not be too remote from escape - Cambridge Water
  • Cannot include personal injury - Transco v Stockport
  • Cannot include financial loss - Weller v Foot and Mouth
• Defences

  • Act of a Stranger - Box v Jubb, unless they still have control over them - Ribee v Norrie
  • Act of God - extreme natural conditions e.g. weather - Nichols v Marsland
  • Statutory Authority - allowed under Act of Parliament - Smeaton v Ilford
  • Consent - Peters v POW Theatre
  • Contributory Negligence