Rylands V Fletcher Flashcards
Define
This rule works when D has accumulated something dangerous on his land, which escapes and causes damage on neighbouring land
5 elements
- Bring or accumulate something on land
- Thing must be likely to cause mischief if it escapes
- Bringing or accumulating that thing must be a non-natural use of the land
- Thing must actually escape and cause reasonably foreseeable damage
- C can sue D
D must bring or accumulate something on their land
Read v Lyons
D must have control over the land
Smith v Scott
When owner has let land, tenants(renter) have control over that land
Ellison v Ministry of defence
Where the thing causing damage is naturally occurring, it cannot be said that D ‘brought it’ onto his land
The thing must be likely to cause mischief if it escapes
Hale v Jennings
One could foresee damage IF it escapes, does not matter how foreseeable actual escape is
Stannard v Gore
Where fire escapes and causes damage, D must have brought the fire onto his land, not just objects that start or worsen fire
Rickards v Lothian
Non natural use means special use bringing with it increased danger to others- not ordinary use of the land nor one that is of general benefit to the community
Cambridge water co v Eastern Counties leather
High risk of danger can outweigh the benefit to the community
Read v Lyons
Escape means thing goes into a place where D does not have occupation or control
Cambridge water co. V Eastern Counties Leather
Type of damage must be reasonably foreseeable
Transco v Stockport MBC
Who can sue?
Proprietary interest or legal rights in the land affected
Defences- Act of a stranger
Escape is caused by someone D has no control over
Defences- Act of God
Nichols v Marsland
Escape caused by natural force that no human would foresee or prevent
