Tort Law

Nuisance cases

Rylands v Fletcher (1868) LR 3 HL 330

Key Point

• This case laid down the Rylands v Fletcher rule which states that where:
  1. a person who accumulates a substance on their land that is likely to do mischief if it escapes,
  2. the accumulation being a non-natural use of the land,
  3. and it does escape,
  4. they are liable for damage resulting from the escape.

Facts

• Ds employed independent contractors to build a dam on their land.
• The dam was constructed over gives disused mine shafts, which unknown to them, led into C’s mines.
• The reservoir burst into the shafts and flowed into C’s mines.
• C sued D in respect of the damage the flooding caused.
• The case was first heard in the Court of the Exchequer Chamber ((1866) LR 1 Exch 265) before being affirmed on appeal by the House of Lords.