Rylands v Fletcher

• Definition

  "is that the person who for his own purposes brings on his land anything likely to do mischief if it escapes, is answerable for all the damage which is the natural consequence of its escape"

  • Blackburn
• How many requirements are there?

  5

  • The D must bring something onto his land
  • The D made a non-natural use of land
  • The thing was likely to do mischief if it escaped
  • The thing must actually escape
  • The damage caused must be foreseeable
• The defendant must bring something onto his land

  • Rontardawe RDC v Moore-Gwyn- rocks and soil naturally occur so there's no liability if they escape
  • Rylands v Fletcher- brought water
• The defendant made a non-natural use of land

  • beyond ordinary use or with a degree of abnormality or 'unusual
  • Mason v Levy- Stored old tyres which caught fire- non-natural
  • Transco v Stockport- failed as the water pipe was beneficial to everyone
• The thing was likely to do mischief if it escaped

  • Something foreseeably risk which could cause some harm
  • Shiffman v St John Hospital
• The thing must actually escape

  • must go from the defendants house to the claimants
  • Read v Lyons- no escape from land so therefore it failed
  • Stannard v Gore- fire escaped not the tyres so it failed
• The damage caused must be foreseeable

  • Cambridge Water Co v Eastern Counties Leather
  • Was not forseeable
• Remedies

  • Damage to land and property- personal injury not allowed
• Defences

  • Consent- to the existence of the thing
  • Common benefit-
  • Act of Strange- Lothian
  • Statutory Authority
  • Act of God- Tennet v Earl of Glasgow- no human foresight
  • Fault of Claimant