R V F Flashcards
D must bring or accumulate something on their land
Read v Lyons
Must use
Tenants are in control of land
Smith v Scott
Damage is already naturally present
Giles v Walker
Damage naturally accumulates
Ellison v Ministry of Defence
Example case of the thing must be likely to cause mischief if it escapes
Hale v Jennings
D must have brought the fire into the land
Stannard v Gore
The thing must bring increased danger and has no benefit
Rickards v Lathian
Must use
Context of what land is used for
British Celanese v AH Hunt ltd
Land that carries such high risk can outweigh benefits
Cambridge Water co v Eastern Counties Leather
D must not have control of where the thing escapes to
Read v Lyons
Must use
Damage was not reasonably foreseeable
Cambridge Water co v Eastern Coutnies Leather
D must be in control of land to be sued
Transco v Stockport
Act of stranger
Rickards v Lothian
Acts of god
Nichols v Marsland
Define
This rule works when D has accumulated something dangerous on his land, which escapes and causes damage on neighbouring land