Rylands V Fletcher Flashcards
Definition
When D gathers something dangerous on their land, which escapes and causes damage on neighbouring land
Land belongs to D if they control it
Read v Lyon’s
D doesn’t control land if they let it
Smith v Scott
Cant bring something naturally accumulating into land eg rain
Ellison v MOD
Doesn’t matter if the escape was foreseeable, just if damage is likely to be caused if it escapes
Hale v Jennings
D must bring fire into land, not object that starts fire
Stannord v Gore
Non-natural means a special use which brings increased dangers to others
Richards v Lothian
Non natural if no general benefit
British celmese v A Hunt LtD
Non natural if high risk of danger
Cambridge water co v Easten Counties leather
It just escape and cause ressonablt foreseeable damage
Cambridge water do
Escapee and goes where D doesn’t control
Read v Lyons
C must have legal rights in affected land to sue
Transco v Stockport MBC
Act of a stranger
Rickards v Lothian
Act of god
Nicholas v Marsland