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Background Concept – Absolute Liability RYLANDS V FLETCHER What you should know for the test: • fault or whether someone intended to commit the act is irrelevant • often attached to activities which are inherently dangerous and have no social utility • rationale: if someone is engaging in a risky activity, they should pay damages for any harm that arises as a result • Material facts • Issue • Ratio/Key Principles • Elements
RYLANDS V FLETCHER Summary • A reservoir was built on the defendant’s land, and without their fault, the water escaped through old mine shafts and flooded the plaintiff’s new coal mine • The House of Lords held that if the water had escaped naturally and with no action on the part of the defendant, then no action would lie • However, in this case the water was brought onto the land, stored, and used in a non-natural way. Therefore, the risk is on the defendant and they were found liable Key Principle When the defendant brings or collects on land something likely to do mischief it it escapes and the use of the land is non-natural then the defendant is liable for damage which is the natural consequence of the escape of that thing.
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