A-Level Law - Rylands v Fletcher

2 key aspects of Rylands v Fletcher

Strict liability
the rule is a sub-species of nuisnace

To establlish liability, how many factors must the C prove

All

Requirements for proof of liability

C must have legal interest in the land
D must voluntarily bring the substance onto their land
Substance must be dangerous (Obviously or anything in bulk)
Substance use wasnt the common use of the land

C must prove that the substance moved from D’s land to their land

Must be reasonably forseeable that D’s action would cause that specific damage

Giles v Walker

D not liable as the growth of thistles was natural 

Example of accumulation

Hales v Jenning bros

The escaping substance can be anything- a chair from a fair

Rickards v Lothian

D not liable for nuisance as was the common use of a tap

Cambridge Water v Eastern Counties Leather

Bulk storage of chemicals was an example of non-natural use

Read v Lyons and Co.

D not liable for nuisance as shell did not escape D’s land

Defines Escape of a substance

Defences

Acts of a stranger

Acts of god

Statutory authority

Other

Acts of a stranger

D not liable if escape of substance is caused by deliberate and unforeseeable act of a stranger

Perry v Kendricks

Act of god

Natural event so great is cannot be foreseen or guarded against 

Nichols v Marslan

Statutory authority

D not liable for escape if occurs during activities authroised by Parliament

Other defences

Storage of substance is for mutual benefit of C and D

If escape is caused by C

Lower damages if C contributed to escape or if losses made worse by sensitive nature of C’s property