Rylands v Fletcher

• Introduction


  The rule

  • Lord Goff - "Essentially an extension of the law of nuisance to isolated escapes from land"
  • "FOR PURPOSES OF HIS OWN BRINGS ONTO LAND AND ACCUMULATES ANYTHING LIKELY TO CAUSE MISCHIEF IF IT ESCAPES, WHICH AMOUNTS TO A NON-NATURAL USE OF LAND, AND WHICH DOES ESCAPE AND CAUSES REASONABLY FORESEEABLE DAMAGE"

  CAMBRIDGE WATER CO V EASTERN COUNTIES LEATHER

  • Originally a strict liability offence till case above
  • Any damage caused by an escape had to be REASONABLY FORESEEABLE not the escape itself

  Parties:

  • Read v Lyons - Proprietary interest
  • Personal injury is not recoverable
• Stage 1


  A Bringing on to Land & Accumulating

  • D must bring something onto the land
  • There is no liability for something naturally on the land which escapes
  • GILES v WALKER – weeds​
  • ELLISON – water
  • But there is liability if D has adopted the nuisance​ - LEAKEY
  • RYLANDS – large amount of water​
  • CAMBRIDGE - Chemicals
• Stage 2


   Of a thing likely to cause mischief if it escapes​

  • It’s not the escape itself that must be likely, but that a mischief is likely if the thing that is brought onto land escapes
  • CAMBRIDGE WATER - any damage caused by an escape had to be REASONABLY FORESEEABLE otherwise it will be too remote and unrecoverable.
• Stage 3


  Which amounts to a non-natural use of the land​

  • Extraordinary & unusual not domestic or normal​
  • D has brought something onto their property that was not naturally there, or non-natural use due to quantity or volume - RYLANDS
  • CAMBRIDGE WATER – non-natural use​
  • TRANSCO – natural use so not liable
• Stage 4


  And it does escape and causes damage

  • Stored item must escape from one property onto the adjoining property
  • RYLANDS v FLETCHER 1868 – Liable as water escaped​
  • READ & LYONS – Not liable shell didn’t escape​
  • STANNARD & GORE – Not liable as tyres didn’t escape
• Defences


  Act of a Third Party (Stranger)

  • RICKARDS V LOTHIAN 1913 – D not liable as it was a 3rd party who turned on the tap to allow the water to escape

  Act of God

  • Escape due to natural causes that no human foresight could have guarded against

  Statutory Authority​GREEN v CHELSEA WATERWORKS COThe D’s not liable if they are obliged by statute to do something.​

    GREEN v CHELSEA WATERWORKS CO
• Remedies


  SAME AS NUISANCE