Rylands v Fletcher - Tort Law

These flashcards cover the key concepts and terminology associated with the tort of Rylands v Fletcher in Tort Law.

Rylands v Fletcher

A form of strict liability tort involving escape of something hazardous from one land to another.

Strict liability

Liability that does not depend on actual fault or negligence.

Escape

The act of something accumulating on the defendant's land moving onto the claimant's land.

Non-natural use

Use of land that is unusual or excessive, potentially leading to liability under Rylands v Fletcher.

Foreseeability

The ability to predict that certain types of damage could occur as a result of an action; relevant in strict liability.

Act of a stranger

A defense where the defendant is not liable if the escape is caused by an unforeseen act of a third party.

Act of God

Natural events that are so extraordinary that they cannot be anticipated or guarded against.

Damages

Monetary compensation awarded to a claimant for loss or injury.

Causation

The relationship between the defendant's actions and the damage suffered by the claimant; includes factual and legal causation.

Claimant

The party who brings a lawsuit or claims a right in court.

Defendant

The party against whom the claim is brought in a court.

Private nuisance

An interference with an individual's enjoyment or use of their property, distinct from Rylands v Fletcher.

Legal interest

A proprietary right in the land affected that allows a party to bring a claim.

Proprietary interest

A recognized legal right in property allowing an individual to seek remedies or claims.

Gore v Stannard (2013)

A case emphasizing that liability under Rylands v Fletcher does not arise if the escape is due to fire and the substance itself does not escape.

Cambridge Water Co v Eastern Counties Leather (1994)

A case illustrating the non-natural use requirement and how liability can depend on foreseeability of damage.