Rylands v Fletcher in Tort Law: Explained with Key Cases and Significance

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ELEMENTS:

1. Brings something onto his/her land
2. What they’ve brought is a non-natural use of land.
3. The thing must be ‘dangerous’ (can reasonably foresee it will cause damage to neighbour) OR would cause danger if it escapes
4. The thing must ‘escape’
5. The thing must cause damage to P’s LAND
6. The damage must be foreseeable
+ Defences

CASES CITED:

Rylands v Fletcher (1868) LR 3 HL 330
Ponting v Noakes (1849) 2 QB 281

TIMES:

00:00 - Intro
00:08 - Overview
00:35 - Overview of the elements
01:09 - Strict liability
01:18 - Element 1
01:30 - Element 2
02:21 - Element 3
02:36 - Element 4
02:58 - Element 5
03:05 - Element 6
03:19 - Defences
04:16 - Conclusion

This content is not intended to be legal advice. Julie Schmidt takes no responsibility for any result that happens as a result of a person relying on her content.