Rylands v Fletcher - Case summary PDF

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RYLANDS v FLETCHER [1868] – Lord Cairns What is the issue?  If a person brings water onto his land, which without negligence on their part, escapes and causes damage to another persons land, will they be liable for the damage? (if there was negligence they probably would have been liable)  Justice Blackburn said: "The question of law therefore arises, what is the obligation which the law casts on a person who, like the defendants, lawfully brings onto his land something which, though harmless whilst it remains there, will naturally do mischief it if escapes out of his land" Material facts  The defendants constructed a reservoir  The water escaped from the reservoir  The water flooded the plaintiff's land causing harm o Vicarious liability is where you may be liable for the actions of another party. The classic case is where employers are vicariously liable for the negligence of employees whilst in their employments. In this case no VL raised Ratio 

Where a person brings on his land and collects and keeps there, for a non-natural use, anything likely to do mischief if it escapes, he is liable for all the damage which is the natural consequence of its escape even if he has taken due care to prevent it

Obiter • Justice Blackburn @340: "He can excuse himself by shewing that the escape was owing to the plaintiff's default; or perhaps that the escapee was a consequence of vis major, an act of God Blackburn J (Quoted by Lord Cairns p 339-340)  How does the judge use analogy with previous cases to decide what principles apply to this case?  Using analogies to try tell him what the right principles in the case are  Cellar invaded by "filth of his neighbours privy"  Fumes of alkali works  "They are damnified by the fault of their own labour" all of these things are examples of where this happen, the person who allowed it to escape is liable without any fault of their own. The judge will not ask if they are careless.  The analogy is one way to argue that these things are treated this way, and this is like those things, so the same treatment should apply Blackburn J • "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 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" Does Lord Cairns add anything substantive to Blackburn J's principle of law?  "Non-natural use" see p339, something extra  If you use your land in a non-natural way  What he is trying to say is that by building a big reservoir, the defendants have done something out of the ordinary. The size and nature of this means it has to be treated somewhat differently...