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RYLANDS v FLETCHER - Coggle Diagram
RYLANDS v FLETCHER
Defences
Despite the tort being described as strict liability, defences are possible in the event of a claim
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Volenti non fit injuria (consent)
there will be no liability where the claimant has consented to the thing that is accumulated by the defendant
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Statutory authority
if the terms of an Act of Parliament authorise the defendant’s action, this may amount to a defence
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Act of a stranger
if a stranger over whom the defendant has no control has been the cause of the escape causing the damage, then the defendant may not be liable
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Contributory negligence
where the claimant is partly responsible for the escape of the ‘thing’
then the Law Reform (contributory negligence) Act 1945 applies and damages may be reduced according to the amount of the claimant’s fault
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Act of God - this defence may succeed where there are extreme weather conditions that ‘no human foresight can provide against’ - unforeseeable
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The tort of Rylands v Fletcher is a STRICT LIABILITY - the CLAIMANT does NOT HAVE TO PROVE that the DEFENDANT was AT FAULT
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BRINGING ONTO, or ACCUMULATING on land, something NON-NATURAL, which is LIKELY TO CAUSE MISCHIEF if it ESCAPES, which ACTUALLY ESCAPES and CAUSES DAMAGE of a type which was REASONABLY FORESEEABLE
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POTENTIAL CLAIMANTS
Hunter v Canary Wharf (1997)
Must own the land or rent it, or have some sort of property interest in it
Transco plc v Stockport Metropolitan Borough Council (2003)
Reviewed and approved from past case Read v Lyons that being a sub-tort of nuisance, required a proprietary interest in land by the claimant
Bringing onto the land
If the ‘thing’ in question is already naturally present on the land, then there can not be liability:
Giles v Walker (1890)
There was no liability when weeds spread onto neighbouring land as they were growing naturally
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Remedies
A claimant must show damage to, or destruction of, their property to succeed in a claim for damages.
The level of damages will be the cost of repair or replacement of the property damaged or destroyed.
POTENTIAL DEFENDANTS
Read v Lyons (1947)
A defendant to an action in RvF will either be the owner or occupier of land who satisfies the four ingredients of the tort, and all the other elements must be present for liability
It is assumed that the defendant must have some control over the land on which the material is stored