BCL – L1 – Q31 – Rylands v Fletcher

(a). What is the rule in Rylands and Fletcher

(b). Explain the meaning of consequential harm/injury and remoteness of damage

(c). Discuss the defences to actions in negligence

(a). Under the rule in Rylands v. Fletcher, a person who allows a dangerous element on their land which, if it escapes and damages a neighbour, is liable on a strict liability basis – it is not necessary to prove negligence on the part of the landowner from which has escaped the dangerous substance.

(b). Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation. They go beyond the contract itself and into the actions that flow from the failure to fulfil whereas remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote.

(c). To successfully defend against a negligence suit, the defendant will try to negate one of the elements of the plaintiff’s cause of action. In other words, the defendant introduces evidence that he or she did not owe a duty to the plaintiff; exercised reasonable care; did not cause the plaintiff’s damages; and so forth.