Rylands v Fletcher

Subdecks (8)

Cards (21)

  • D is liable under the rule in Rylands v Fletcher where he accumulates something dangerous on his land, which escapes and causes damage to neighbouring land.
  • Elements of the tort:
    1. C is eligible to sue
    2. D accumulates something on their land
    3. The thing escapes
    4. There is an exceptionally high risk of damage if the thing were to escape
    5. The escaped thing causes reasonably foreseeable damage
    6. D accumulating the thing is a non-natural use of land
    7. Defences
  • Rylands v Fletcher [1868]
    A person who, for his own purpose, brings on his land and keeps there anything likely to do mischief if it escapes, must do so at his peril, and if he does not do so, he is prima facie answerable for all damage which is the natural consequence of its escape.