Lecture Notes: The Rule in Rylands v. Fletcher

Overview of Nuisance

• Nuisance: Substantial or continuous interference with property enjoyment.
• Types:
  • Public Nuisance
  • Private Nuisance
• Remedies available for nuisance issues.
• Importance of analyzing facts for exams, particularly in tort law.

Introduction to Rylands v. Fletcher

• Scenario: Discusses issues of liability when items escape a property.
• Example: Livestock escaping and causing damage.

Key Case: Rylands v. Fletcher

• Facts:
  • A hired contractors to build a reservoir on their land.
  • Overflow led to water damaging B’s mines.
  • Case traveled through English courts, landmark decision.

Blackburn J’s Definition

• Liability arises if:
  • Person brings and keeps something likely to cause mischief.
  • Item escapes and causes damage.
  • Keeper is prima facie liable.

Application of the Rule

• Elements: (1) Keeping, (2) Mischief, (3) Escape.
• Examination Strategy:
  • Identify items kept on land.
  • Assess their potential to cause harm if escaped.

Examples

• Pit Bulls: Known dangerous dogs, if escape, owner liable.
• Tigers in Residence: Keeping tigers could be a liability risk.
• Chemical Storage: Dangerous chemicals can cause liability if they escape.

Non-natural Use

• House of Lords Addition: Non-natural use of land can also imply liability.
• Using land in ways not typical for the area increases liability risk.

Defense in Rylands v. Fletcher

• Act of God: Natural events that are unforeseeable.
• Plaintiff’s Default: Contributory negligence by the affected party.
• Consent: Express or implied agreement to the risks.
• Act of a Stranger: Unauthorized actions by third parties.

Defense Examples

• Extreme Weather: Defense if bees escape due to unprecedented heat.
• Contributory Negligence: Provoking a dog could negate liability.

Conclusion

• Main Points:
  • Liability for keeping dangerous items.
  • Non-natural use of land can lead to liability.
• Defenses: Act of God, Plaintiff’s Default, Consent, Act of Stranger.

• Keep these principles in mind for exams on tort law and Rylands v. Fletcher.
• Look for specific fact patterns that indicate Rylands v. Fletcher scenarios.