ILAC

Issue
- Can Jimmy sue Kylie for/Is Kylie liable for under the rule in ‘Rylands’ when dye
stores in her garden shed is accidentally knocked over by her flatmate Gina which
flows next door poisoning Jimmy’s cat?

Then you have a li2le own category between Issue and Sub-issues
- Broadly state the rule in ‘Rylands’ = any person who for his own purposes brings
onto ect DO THIS (you can either use a quote from the case/or paraphrase as long
as it has the 3 key elements/requirements you have to saOsfy — and make sure
you include the possibility of defences thing)

Subissue 1 = Bring onto land?/something likely to cause mischief? (combining two
issues in this first limb)

Law:
- no law to add

ApplicaOon:

Bring onto land?

- Yes, brought the dye onto the land and stored it in large vats in her shed

Something likely to cause mischief? (IS THE THING ITSELF DANGEROUS/If IT SPILLS
OUT BY ANY MEANS/THE NATURE OF THE THING? eg the dye is poisonous)
- We do not know exactly the nature of the dye/chemicals but the facts do state
that it could be toxic
- Kylie knows this as she keeps the lids firmly on

Sub-issue 2 = Non-Natural Use

Law:
- Lord Moulten (Rickards) — “special use…increased danger to others…” (Lord
Moulton said: “But there is another ground upon which their Lordships are of
opinion that the present case does not come within the principle laid down in
Fletcher v. Rylands — It is not every use to which land is put that brings into play
that principle. It must be some special use bringing with it increased danger to
others, and must not merely be the ordinary use of the land or such a use as is
proper for the general benefit of the community”)
- Lord Cairns (Rylands) — “must have used the lands for a non-natural use”

ApplicaOon:
- Lord Cairns (Rylands) = Dye was not naturally occurring on the land
- Lord Moulten (Rickards) adding more things to ‘Rylands’ = less ordinary use of the
land in Rickards as here are some things that are ordinary (washbasin ect) thus
dye is not as ordinary as these(to have chemicals on your land) — Increased
danger to others by keeping the chemicals on the land — providing a benefit to
the community? = By running the business from her home she is helping the local
economy (however the fact that it is online it might not directly affect the
community) She is also not employing anyone in the community so does not
outweigh the increased danger to others — compare it to the use of land in
 ‘Rickards’? = providing a washbasin to tenants in the building (not just an ordinary
use of the land but almost compulsory) thus vats of dye is less ordinary than
‘Rickards’
THUS IS A NON-NATURAL USE OF THE LAND
However I will go on to consider the other issues as well…

Sub-issue 3 = Escapes AND causes harm

Law:
- no law to add

ApplicaOon:
- Yes the dye made it from the spill to Jimmy’s land (cross the boundary into
Jimmy’s property)
- Harm = Cat drank some dye and died (a cat is property so it sOll counts)

Prima Facie Conclusion

- Kylie will be liable for damages unless there is a defence available

Defences for a ‘Rylands’ Claim

1. The PlainOffs Fault?
2. An Act of God (vis major)?
3. Rickards adds the new defence of — the malicious act of a third party (can be a
defence under ‘Rylands’)?

- There is nothing on the facts to trigger either the plainOffs fault or an act of god
(vis major)
- Asses the malicious act of a third party because it was Gina who caused the spill

Malicious Act:
2 Problems:
1. It was an accident (was it an accident)? = Is an accident as out of the defendants
control as a malicious act? = Yes because it’s a third party you are not required to
prevent everything they do to prevent them having an accident (Rickards)
2. Gina is known to Kylie (is the person known to the defendant)? Can Kylie control
Gina? = Yes because she can tell her to be careful, however she is an adult and is
free to make her own decisions, she told her to be careful and it would be
unreasonable to do anything further

Overall Conclusion:
- repeaVng your prima facie conclusion
- wriVng any outcomes of your defences

Assignment
- Be concise