hello lovely people I'm sure you are enjoying our videos as you've realized our videos are in two parts we've got the course based ones that discusses the various sections of the law I've also got the everyday law the course bills are designed for academic study and in-depth understanding of the law but if you are interested in knowing about the law ask it to appear or to be useful for an everyday man please always try and keep a focus on the everyday law content it is done in vernacular and in simple and easy research that the man on the street will be able to appreciate the law in his daily life if you stand in need of really academic support for any of your law courses please do not hesitate to reach the number below either via call or by WhatsApp stay tuned for more of our videos on Superior Publications thank you [Music] so welcome as you saw on on The Advertiser Outpost we are going to discuss the rule in rylance versus Fletcher all right I'm sure if you watched the previous video on new songs you totally understood the concepts that we discussed in the museums if you've not done so I will treat you to watch that video on nuisance before proceeding to watch this one that we want to talk about a couple of things if you remember we mentioned that when we see nuisance it refers to a substantial or continuous interruption or interference with another's quiet enjoyment of his property all right we discuss the element we spoke about public nuisance we spoke about private nuisance and what you should look out for if you want to establish an action and thoughts or an action in nuisance for that we also looked at some of the remedies when you have nuisance coming in and what you have to do okay so I just heard you and again say three stated in this in this part of our video that if a student make sure that you carefully analyze the facts that are giving you for example you are preparing to take your end of semester exam in thoughts or probably you are preparing for the Ghana School of Law entrance exam make sure that you know the facts and see how you can use the elements to establish that all right okay so enough of the general subject of nuisance in this video as I've mentioned I've introduced to you on on the slide there we are going to discuss the rule in real Lance versus Fletcher okay what do we mean by the rule in rylance versus Fletcher what do we mean by that you know you can consider a situation where for example someone on his property has some bit of cattle all right cattle sheep or Goods which is very common here in Ghana you have people who have in his house you'll be wearing some some ship or he has some some heads of goods in there usually what happened so the location that happens that this cattle or sheep or Goods be probably step out maybe the gate was open something they just step out and race into someone's house or someone's crops nearby and just destroy them okay so so what happens what what what what what is that all right that had been on the minds of several people over time and several matters went to court we will be back in England and there had to be some kind of determinations on it now over time a Mata arose and this matter became a landmark decision that we call the rule in rylance versus Fletcher what was it it was a case where there were two people let's call the first person let's call the second person B all right so a um decided to um get some competent workmen some contractors on his land and when he brought them their task was very simple he wanted them to build the reservoir all right Reservoir where he would put a tank of assault where there will be water inside and he used it for his purposes on his land because he was a male owner this this was the 19th century around 1800 and it was the 19th century he was a male owner where he was he had he needed a reservoir to help him with what he wanted to do now apparently the connections that these contractors or these people had to do the pipes that they were they were laying there were some old pipes or some shafts as they would call it that connected to beast land but they had not it hadn't been used for very long time so as the workmen were were were at it on his property the reservoir overflowed there was too much water and it's built all over the land and the water went through those pipes and entered onto this land now coincidentally B2 was also using his land for some kind of he had some underground mines or mines there so when the water went there the water just flashed the whole mines okay such that it was difficult because you know mines are underground fits so if water is flooding they had then you get the chance of going in there to go and work okay so substantially the purpose for which he was using this land had also been compromised in a way because he had brought the workmen and he had out of this situation created a kind of problem for him the Mata went to court traveled severally along the English and English Liga system then he came to the court of the the court of the estaca chamber the extra chamber and one of the common Law's finest justices of the 19th century Blackburn gave this Locus classicals definition and that is one that grounds the rule in rylance versus Fletcher let's see what Blackburn J said in the in rylance versus Fletcher that's set down the the the principle of rylance versus Fletcher let's see black Benji by the estaca chimba we think that the true rule of law is that the person who for his own purposes brings on his land and collects and keeps there anything likely to do Mischief if it's a skips must keep it in at his peril and if he does not do so his prima facie answerable for all the damage which is the natural consequence of his Escape did you notice the famous quotation by black Benji so when we talk about the rule in rylance versus Fletcher okay the primary rule is what we have just seen here okay he says that and three things were apparent if you look at the quotation it says it mentions that if there is an item that is likely to cause mischief an item that is likely to cause mischief two that item is brought onto a land collected by somebody kept onto a land so either the person is bringing it he asks who is collecting it or he's keeping it onto the land and the third one if that item that is likely to cause to escape and cause any harm which means that it should leave the confines of where it is being kept and cause any harm the person who brought that his Prima facility on Fair side he is the one who is supposed to answer for the damages that has the location out of his keeping that name guys hope you understand that so that is the first point or the point the first point in the room that we call right as Mrs Fletcher that is what we're trying to read so guys the students that are threatens one the person has brought kept or he has collected something onto his land two that item that he has brought onto the land it is capable or there is a likelihood that it can cause trouble it can cause Mischief if it escapes three when it escapes the person reliable for that so in an examination when you are trying to examine the rules of Ryland versus Fletcher and you look at the facts you need to have to solve those three things what item is being kept on the land is it being kept on the land has it been brought onto the land is it being collected on someone's land too that item there isn't likely to cause danger trouble Mischief issues if it should Escape then if that exception arrives and the damages that arises from there the person who brought it will be liable for that hope you understand that so let me give you a couple of practical examples to help you understand you know where these dogs that they call them the pitbulls all right this this Stadium I'm making is not to say that anybody who keeps a Pit Bull is necessarily wrong but if you have time try and check the the the the the history of Pit Bulls that dog that that Pitbull breed of dog they are very very dangerous dogs even in certain parts of America the law is being prescribable from keeping pitbulls because they are prepared territorial okay and the kind of injury that they can cause to an individual I mean if they are fighting they are like they are like beasts you understand that so in certain places people are not even encouraged to keep pit bulls they can even attack your own family those those those dogs so imagine two people two neighbors this person has got this house they are all living together in a residential house one person is keeping two pit bulls this other family too is there with his wife and kids and all that and probably there's a fence it might be a kind of a dwarf wall or something that's a phrase this to these two families their buildings okay so this man has brought pit bulls and is keeping them on his prophecy now what what happens if by mistake something happens and those pit bulls who live either they find their way through their friends their friends that's that separates he and the other neighbor they find a way to defense and enters into the neighbor's house and attacks the neighbors family the question is that he the person who is keeping the pit bulls he would what answer for that hope you understand that so that is what we mean by the rule in Reliance versus Fletcher the defendant who is affected by that damage that has occasion will sue on the rule of rylance versus Fletcher why because a pitbull is likely to cause Mischief if it escapes he's not just any local dog it's not just any local dog even if he steps out onto the street I'm not sure that when you take one out of 10 people they'll be able to physically grab the dog and take it back it's very difficult and very utterly dangerous to attempt to do something like that you get it so that is what we are trying to say the object that is being kept there it is dangerous if it escapes the rule says that if you keep it there you do so at your own Peril if your matter arises out of that you cannot absorb yourself from blame hope you get that that is it let me give you through another example um recently somewhere in Accra I mean one of the apartments a very famous guy brought in some tigers you headed into your community and he said that he had put up a cage somewhere and he was keeping those Tigers there so it came on TV and the media men were and then they showed the cameras were showing that they were metallic stats that had been put there to keep those Tigers there so the question is that is it possible for that tiger to cause Mischief that Skips from that kid will it cause trouble if you escape from nothing I mean the answer is obvious if if that tiger should leave the confines of that I'm not sure there's anybody in the house or anybody in that apartment won't be able to live you understand that so the rule in violence or this Fletcher is saying that if someone is keeping such a tiger an object an item he has collected it he has brought it onto the premise okay said that if it escapes it is likely to call himself then he does so at his own Peril if damages should come out he's the one who has to what answer answer for it you get it that's what we mean by everyone else is Fletcher it therefore means that somebody who suffers harm after the thing has escaped can bring an action against him to sue him for that you you get it that is what we mean by that and also let me give you this other example um sometimes a certain people would maybe in a residential area they will just or their houses they do some other businesses some of them are in the soup making business others do some of them even sell alcohol do they produce but little spirits and those kind of stuff you know so in some situations the person will go and take a a huge Consignment of gallons or barrels of alcohol or for purpose of using for producing acquisition and all those you know those kind of chemicals then you'll be keeping those chemicals in this yard probably in his backyard he's keeping that alcohol then he's probably put some some some some dark rubber over it he's keeping it onto the backyard if there is a spillage of those chemicals you know it can cause trouble maybe you can go through someone's he will enter another person's house and create some some kind of trouble so the rules in relative that's what we're talking about what you are keeping is it likely to cause damage if it should Escape The Escape doesn't mean an animal that has to run away but if you should leave the confines of where is being kept it will cause trouble so those who keep Super Glue on their premises in their rooms some of them keep that some of them keep you in drugs sometimes the person who is um he he is into some kind of business then you'll be keeping certain kind of fluids and liquids and you know these chemical combinations and sometimes fertilizers and all those things on your property rather than Fletcher is saying that you do so at your own pero if it's to leave you would have yourself to be blamed and it inflicts a damage until another person you have yourself to blame you understand that so Blackberry this and it was an icing on the kick let's go back to his quotations in rylance versus Fletcher by black Benji their Justice continues but for his acting bringing it there no Mischief could have accrued and it seems but just that he should at his Peril keep it there so that no Mischief May accrue or answer for the natural and anticipated consequences you saw that yes so it is just practicing the earlier part that he mentioned that if you are keeping it onto your property you are doing so at your own Pearl and you will answer unless the little creative part the students watch out for all natural and anticipated consequences all natural anticipated consequences so if you keep such an item there if you collect it and I'm saying an item it may not just be just animals any other activity that is brought on onto the land okay if you keep it there any natural consequence that rises out of that you will find yourself to be blamed let me give you a final example to illustrate this then we'll just see how it should pan out also for the students let's say that someone says as for him he likes he likes things not Chop his food is always natural okay so he's a great lover of honey so he decides to produce the honey himself now in the residential area he gets somebody just coming construct some box okay some set of books some stacks of books if you know how honey is harvested then he try and go and get a bee do some bit of bees and he begins breathing beats on the on the property okay the purpose of breeding the bees okay is to make sure that at the proper time you'll be able to extract the honey out of the bees then he would use it for his own personal purposes you understand that now on one hot afternoon nobody knows what happened then whether the bees got anointed or something like that they just left the hype we're just Scavenging around the neighborhood in the way just beating people stinking people the question is that what is going to be the liability that we ascribed to the person who brought those bees and kept them onto his land right Lance versus Fletcher you should know that these bees anything can happen sometimes it can be a change in weather a change in temperature it can even be a perfume that they may they may smell somewhere it can trigger their reactions so that is a natural and an anticipated consequence of keeping that the rule says that when you do that you do that okay so if a damage arises out of that anybody who proceeds to bring an action to you in court he will do that on the strength of what rylance and fledger guys will be okay so the point is this for students how would you be able to for example distinguish a situation where this one you say okay this question should I go with a straight nuisance or I should go with rylance and Fletcher okay that will always be the part that will print an exam simple I praise the facts when I say I praise the first read through the facts are you seeing from the fact that someone has brought an item onto the property someone's collected an item someone keeping an item secondly look to the facts that particular item that the person is keeping on the property is this something that is dangerous if it should leave okay then you use that to do your examination so mostly when you find that in a question it is violence was Fletcher coming out but you see you have to set up your issue as a nuisance then you proceed on the rule of what relaxes Fletcher okay you can't raise your issue like whether or not you know raise your issue as to whether that constitutes that damages that arises causes a bit of nuisance then you would um you proceed on the rule of what rylance versus Fletcher you understand that because they are authorities just by the way their authorities to the effect that rylance and Fletcher is seems there has been some arguments this is for Pure theoretical purpose is that rather displeasure has is kind of a subset of nuisance because you see even at the time that the thing hadn't escaped it was it was dangerous it was a threat and once that threat was persistent it constituted nuisance so if someone is keeping peace on his land he's keeping wild dogs excessively wild dogs on his property and you are an adjoining neighbor and those dogs they are likely to come and chief they are continuous presence there it will constitute nuisance so rylance versus Fletcher comes in at the time where that particular continuous presence now escapes you understand that then you proceed on rylance versus Fletcher but remember the Genesis is from the is from the fact that there was some bit of nuisance that is how come the violence of the Fletcher comes in to say that that item that you are keeping there there's a likelihood of it causing mischief and therefore if it escapes you the person who was keeping it famous you are answerable for any damages that arises out of that hope you're fine all right so now this is the first point of violence versus Fletcher okay you know when the matter left the S Checker chamber and went to the House of Lords Lord Keynes also added to some some made a particular statement and that statement when you put it together with black men statement it gives us two pointers to Rylan versus Fletcher guys for students the point is this when we talk about Reliance with Fletcher it can operate in two distinct scenarios one of the scenarios is where someone has brought an object onto a property he is keeping something on the property he brought it somewhere and that thing that he has brought is dangerous and therefore if it will escape it will cause her the rule and relax with Fletcher can be used for a grams for bringing an action against him when the Escape happens in education is damaged the second point is glean from Lord King's statement at the House of Lords he conquered with black men he agreed with black men in his entirety but he added that when the person is using the property for a non-natural use not natural use so this is what Lord cancels also added let's just take his quotation in that house of Lord statement by Lord kings in the right answers Fletcher so on the same matter at the house of flaws this one Lord King said on the other hand if the defendants not stopping at the natural use of their clothes had desired to use it for any purpose which I may tell in a natural use for the purpose of introducing into the close that which is in this natural condition was not in or upon it did you notice what Lord King said so we just brought a part of his quotation you realize that he he used a word non-natural use so guys the point I'm trying to say is that when we talk about ruling Reliance and supply chain the second pointer is on the generous group of non-natural use what do you mean by that you know the natural use is trying to say that if there are certain uses that the land is being put to that is not incidental that is not consistent with the general or acceptable or permissible use of that facility it will constitute the natural use and therefore an escape that arises out of that it's also part of the rule of Reliance versus Fletcher the damages that will occasion will be fixed at the doorstep of the person who was using the land for that natural purpose so again for examinations watch you can have rylance and Fletcher operating in first scenario the person has brought objects onto his land and that's a scheme that is fine second scenario he has not necessarily brought an object but he is doing something on the land the way he's using the facility okay if a damage should arise as a result of an escape okay something leaving the confines of weather activity is going on and entering onto the neighbors property it also consumes a part of right answer this Fletcher it's essentially the same thing and this was established by the House of Lords statements rendered by Lord case you understand that so let me give you an example of what we're seeing in a residential area so someone starts B farming maybe when he started he he just brought a tiny B there are two bees on it ordinarily you cannot say that those two bees will escape and cause trouble because they may be flying all around but you see when you now begin their practice you have not elevated the land into farming purpose now this is a first class residential area let's suppose that you are living somewhere around cantonments in Accra or in of the high class areas of first class areas or you are in Kumasi and you are somewhere around me you know the first class residential area or any other highly residential area and someone is is now building peace on his property the question is that does that constitute an ordinary and natural use in the things that is that consistent with the reasonable use of the facility within that particular community you you get it so if in such a high-class residential area someone is breeding bees you see it's a bit it's a bit awkward or someone goes to hire an apartment and other at his back on it okay maybe a high-rise building there are several Apartments there then at his balcony he just allows a carpenter to make some small shelf and within that shelf he's keeping bees there so that he Harvest it in an apartment the question is that does that constitute a natural use of the land the natural use of the space so what we are seeing that the natural use is how you are using the experience that is consistent with acceptable practices and lawful practices within that project okay so if you do you use that for any other thing else I mean we are saying that a trouble or any article that leaves it and causes and causes Mischief you'll be liable because of the unnatural use all right or finally let me just give an example of someone Also let's see in a certain residential area okay he decides to Now set up some small business now this business that he's doing he's feeling um gas okay he's trying to replace or refill gas he has started some small gas refueling business day okay or probably he's just doing some small exhaust pipe welding he's doing some welding and this welding you know sometimes he may use it may involve the use of propane gas and other kind of gas and all that kind of stuff so he's just doing it since he's a small corner somewhere in a residential area the question is that does that constitute a natural use and when we say natural use is it consistent with an acceptable use of that area when probably has not been demarcated for such purposes and he's using it that's not consider natural use it may constitute a non-natural use in the sense that it is not consistent with acceptable lawful use of the facility within that particular session all right so if a damage arises as a result of an escape of the gas maybe he did that in the gas got bust and he just exploded some woman was cooking somewhere in her next house you know gas to travel through it so he went there and he just benched the woman up you know scattered her face and all that the question is that who is going to be liable for the damage by Rollins and Fletcher the person who is using that facility for that natural use will be held liable for those damages on the grounds of violence was what pleasure guys hope you hope you understand that it's clear all right so we've been able to at this point establish what Reliance versus Fletcher is again for emphasis if someone brings an item onto his property and that item is dangerous enough or likely to cause Mischief escapes see that he's Prima faciliable for any damages that will arise and that and it keeps that his own Peril that is it secondly if he's putting the land into a natural use and will explain that the natural use means that you are using the facility in the way that it will not ordinarily and lawfully be the way that facility is intended to be used and something escapes out of that and causes damage you're reliable for the damage that has occasion out of that understand that and again for the students note that so if you're going to sit for a Ghana School of Law entrance exam for your end of semester watch how the facts will appear these two scenarios each of them is still relaxed as Fletcher the way the person is using the land or what he has brought onto the land either case if it will skip to cause damage right Lance versus Fletcher for you all right good now let's move on to the defense system actions that are granted Ryland versus Fletcher in this particular rule of right hand structure what is going to be the defense a lot of things what is going to be the difference let's see some of the differences now we are going to look at the defenses in rylance versus Fletcher if someone brings an action against another person for damages that Association him because of the acts of a particular neighbor what is going to be the defenses towards towards that now to give us a sense an idea of what the difference is let's go back to Blackburn's these additional quotation additional remarks when he was given that landmark and Powerful judgment in environment there was something that he said let's let's see what black man Jay said black Benji mentions he can excuse himself by showing that the Escape was owing to the plaintiff's default or perhaps that the Escape was the consequence of this major or the act of God you saw what Blackberry added the excuses so what we say the excuse is that is providing us an extension or a way for us to appreciate the kind of defenses that could be relied on when you have a matter that involves versus Fletcher what could be the defenses the excuses so what is what to refer to as an act of God an act of God what is an act of God you know the concept of Act of God is sometimes people call it false magic and all that is is referring to a natural occurrence that was not reasonably foreseeable by either of the parties it could for example be a very violent storm let's take the example of the Beast situation that I was trying to tell you so this person brings on to his property and he's keeping bees harvesting their their honey for his other staff so on one particular day extreme temperature nobody knows what happened maybe because of some geographical changes or weather changes there was it was the highest temperature that's ever been recorded probably in the two or three year meteorological forecast in Ghana temperatures were so high you know by the very nature of this when they've got high temperature they decide to now it excites them the excitement is that it raises up their their their they are kind of agitation and they tend to want to move around so in such a particular situation for about three years he has kept the Beast no one has had any problem but on this particular day when the temperature was so high the business decided to leave the cage and he left the height went around the community and just beating people and stinging them all right what is going to be the defense of this person who was keeping the Beast what is going to be the difference what do you think he can rely on an act of God a force majeure an extreme natural situation that he didn't have control over that can be a defense or let's see a storm all right Within These Times where sometimes there are storms in our place where you go there are hurricanes have three months and all that and maybe there's some violent storm and this violent storm brings in heavy tolerance of rain and this rain is so torrential that it destroys the Beehive and says that the bees have to leave if they cause any trouble like that they would say that it constitutes an act of God so this can be the defense again for the students if you are reading a question one of the things that will give you an indicator that this particular problem that has been posed to me it's a violent and Fletcher question is that look at the facts when you are identifying statements in there or situations within the context of the problem that seeks to suggest a natural occurrence that was within or outside the contemplation of reasonable parties it is telling you that this problem is a rather than Fletcher's issue okay so you should know that it will lead you to a point where you have to raise the defense of Act of God against that so that is it for the defense of Fletcher for the first one an act of God the second if you look at black man's quotation he mentions that the default of the plaintiff the default of the plaintiff the default of the plaintiff will also be another ground of Defense in some literature people may call it contributory negligence that is the damage that was that that has occasioned was caused by the was caused by the plaintiff himself so let me give the example of the dogs Mr a is keeping wild dogs he's keeping pit bulls on his property because he always been attacked by robbers and he's afraid he's got a lot of expensive stuff so he's keeping pitbulls there Mr B also lies to poke fun at those dogs so when probably they are not there he will just go and take a stick and he just poking at them hey dog hey buddy a lot they like a big fan of dogs so when you keep doing that and you're exciting the dog and the dog now jumps over the wall and chases you chases you down ran over you and just bite you up the question is can you now claim those damages on the base of violence of this Fletcher that he was keeping it at his own Peril understood by now contributing negligence will kick in this is what we call the default of the plaintiff what you did triggered that particular situation if you had not done that maybe the dog wouldn't have been excited you know some people just go around post people they just knock on another hey dog now their kids now when you are doing that you are trying to excite those kind of situations that's what we feel the default of the default of the plaintiff it was your course or if for example we take the the case of the uh of the B situation you know these bees they don't like certain kind of chemicals you are aware that there are bees there and you go and go and take this knapsax prayer okay and make some obnoxious chemicals and just go close to where the Visa is required and they've been disturbing me a lot then you know you keep doing that when they get exposed to those kind of smells don't be excited after you and your family and beat you up it's contributing negligence the person who is affected by violence and Fletcher can rely on the default of the plaintiff as a defense you understand that then the third one the third and final one I want to mention is consent consent so the consent will be either expressed or implied let's see that someone comes and lives in the community then he brings these wild dogs or he's keeping something there maybe he is producing alcohol so always they bring barrels of um of barrels of spirits you know Spirits is flammable bring barrels of spirits alcohol highly concentrated and he keeps it there so you are aware that this person is keeping alcoholic Spirit on the facility occasionally once he produces the architecture you call you oh Waffa please can you come for some some wine glass then you go then you give one glass so you know that this acquitation that he's producing it is coming from all these stacks and barrels of highly concentrated alcohol that is used on the property so what are you doing you are consenting to the action implied by your consenting to it so if a matter arises it may be out of a spillage the alcohol enters into a city and cause some kind of danger predicated on Rylan versus Fletcher can be challenged by the by the defense of what concerns or finally I'll still go back to the previous example I keep on using the issue of the docs sometimes people be living on premises okay it may just be apartments or sometimes neighbors then one neighbor will go and bring a very wild dog into his area into his into his house maybe you don't have high walls there so you're aware that he has brought those dogs or he told you that oh I want to keep these dogs here okay then he tells you oh that's fine sometimes happens in in compound houses or those things one member who is just living in that joint tenancy common will just go and bring a dog onto the property then he tells the rest of the people that he has a dog that he's keeping all right so they are they have consented that he should bring the dog so if now the dog comes onto the property and something happens you understand that the defense of consent May kick in hope you're okay so that is how the defenses will work so again for the students try and identify these kind of defenses the act of God okay first major you've also mentioned how they call it default of the plaintiff and also we've mentioned um consent all right there can be a final one let me just add that the final one will be a defense that someone may raise as an act of a stranger a lot of stranger all right let me use the example I mentioned about the bees so for example there was a thief who was not jumping into this beekeeper's house probably on a very sunny day around 11 A.M 12 noon he realized that there was nobody in the house so this thief was trying to scale over the wall and jump into the building so that he can just go there and steal from him he did so when he got there he saw some when he scaled over the world then he saw some rectangular wooden structure he thought probably it was a table you just wanted to step on the table so that it will Aid him to jump into the person's building not knowing that was a beehive he stepped in then he caved in then the bees just came out then they were beating the people in the area so the question is that if you bring an action predicated on rylance versus Fletcher that the person who was keeping the Beast he was doing that as own Peril his defense would be an act of a stranger because he didn't authorize that Thief to scale over his wall and jump onto the hive you you get it aha so that is part of the defense that the person will revealed to him in an act of rylance on Fletcher if it is predicated on the damages I hope I hope you're okay so that is it for the subject of Allah by way of reminders two points in violence of this Fletcher if someone brings collect so keeps an item onto his property and that item is likely to cause Mischief it is dangerous enough if it's escaped to cause trouble his Prima facility has trouble for any damages that will arise if that escape actually occurs point one the other leg of right answer this Fletcher is that if someone pushes the land to a natural use either he's using it in a way that is inconsistent with the acceptable ordinary and lawful use of the facility and something escapes out of that activity that he's put in the land to and causes damage to another person he is still caught by the rule in rylance versus Fletcher their defenses Force Major Act of God default of the plaintiff consent either explicit or implied or an act of a stranger either an authorize the third person to do what he did and it has caused problems for us this will be the defenses for an action in violence versus pleasure hope you're cool stay tuned and keep watching thank you [Music]