100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Tort Law - Rylands v Fletcher Summary/Problem Question Structure £7.16   Add to cart
Quickly navigate to
Preview
  2.  
  3. Oxford University (OX)
  4.  
  5. Tort Law

Summary

Tort Law - Rylands v Fletcher Summary/Problem Question Structure
 4 views  0 purchase

Comprehensive summary/exam notes on the rule in Rylands v Fletcher in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out who can sue, who can be sued, the 4-stage test, and the alternative 'dangerous thing' test set out in Cambridg...

[Show more]

Preview 1 out of 2  pages

Document information

  • October 7, 2024
  • 2
  • 2022/2023
  • Summary

Subjects

Written for

All documents for this subject (13)

Seller

avatar-seller
bethjscott5713

Content preview

The rule in Rylands v Fletcher
1. What is the rule?
Blackburn J in Rylands v Fletcher [1866]
“The person who for his own purposes brings on to his lands and collects and
keeps there anything likely to do mischief if it escapes, must keep it in at his
peril, and, if he does not do so, is prima facie answerable for all the damage
which is the natural consequence of its escape.”
Very strict, strict liability.
Lord Cairns LC in Rylands v Fletcher [1868]
Added the condition of non-natural use of the land to the original formulation
of the rule.
Transco plc v Stockport MBC –
Confirmed the validity of the rule in Rylands v Fletcher.
Restated the rule:
“An occupier of land who can show that another occupier of land
has brought or kept on his land an exceptionally dangerous or
mischievous thing in extraordinary or unusual circumstances is in
my opinion entitled to recover compensation from that occupier for
any damage caused to his property interest by the escape of that
thing, subject to defences of Act of God or of a stranger, without the
need to prove negligence.”
2. Who can sue?
Need a proprietary interest in the land.
Cambridge Water Co v Eastern Counties Leather – because the rule is a
subset of private nuisance.
Lord Goff – the rule in Rylands v Fletcher was essentially concerned
with an extension of the law of nuisance to cases of isolated escape.
3. Who can be sued?
Rylands v Fletcher – “the person who…brings on his lands and collects and keeps
there…”
Therefore, the person who brings the mischievous thing onto the land.
Do not need to own the land.
Although may need some degree of occupation – e.g., would a
supplier who brings the dangerous thing onto the land be liable?
Unwilling to expand – strict liability.
Have they collected if just delivered?
Facts of Rylands v Fletcher –
D ordered a reservoir to be built on his land by independent contractors, the
defendant then maintained the reservoir. Water broke out of the reservoir and
escaped onto the claimant’s neighbouring property causing damage.
Even though D in this case wasn’t the one who accumulated the
thing in the first place they were liable.
e.g., so, occupier and landlord could both be liable under Rylands v
Fletcher.
Foreseeability of harm of the relevant type by D = pre-requisite of recovery, just as in
private nuisance.
Cambridge Water Co v Eastern Counties Leather –
4. The Test:
a. Dangerous Thing:
Lord Bingham in Transco v Stockport –
This should not be easily satisfied.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller bethjscott5713. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £7.16. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

60434 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£7.16
  • (0)
  Add to cart