RYLANDS v FLETCHER

Question 1

DEFINITION

Answer 1

1- d had control of the land from which the problem came from
2- d must have brought or accumulated something during some unnatural use of the land
3- thing brought or accumulated must be dangerous
4- must be an escape of the dangerous thing
5- must be damage as a result of the escape

Question 2

D MUST CONTROL THE LAND

Answer 2

only apply where the land onto which the dangerous thing is brought is in the control of the d
SMITH v SCOTT
can also incur for bringing a dangerous thing onto the highway if it then escapes onto someone’s land. RIGBY v CHIEF CONSTABLE OF NORTHAMPTONSHIRE

Question 3

BRINGING ONTO THE LAND

Answer 3

dangerous thing must have been accumulated or brought onto the D’s land in the course of some unnatural use of the land
rule does not apply to damage caused by anything which naturally occurs there
LEAKEY v NATIONAL TRUST
things must be accumulated for the purpose of the D but this does not necessarily mean that it also has to be for D’s benefit
SMEATON v ILLFORD CO
has to be something which is more than the ordinary use of the land
RICKARDS v LOTHIAN
industrial processes can be an unnatural use of the land, even if it benefits the community
CAMBRIDGE WATER v EASTERN COUNTIES LEATHER
cause of action is now only available if the D’s use of land was out of the ordinary, considering time and place
TRANSCO v STOCKPORT = has to be so far out of the ordinary to be subjective

Question 4

DANGEROUS THING

Answer 4

need not be dangerous in itself, but it must be likely to cause damage should an escape occur, even though it might be quite safe if it not allowed to escape
gas - BATCHELLOR v TUNBRIDGE
electricity - HILLIER v AIR MINISTRY
poisonous fumes - WEST v BRITISH TRAMWAYS
is it foreseeable that the thing accumulated could cause damage from the time of the accumulation
when the law was changed making the levels of contamination become unacceptable, could not have been foreseeable and the D’s escaped liability

Question 5

ESCAPE

Answer 5

dangerous thing must be the thing that escapes and causes the damage
STANNARD v GORE

Question 6

DAMAGE

Answer 6

dangerous thing must cause damage to land or other property
a claim for personal injury or death cannot be claimed
READ v JLYONS
personal injury must be proven under negligence , TRANSCO v STOCKPORT
claimant must have a proprietary interest in the land which has been damaged, HUNTER v CANARY WHARF
damage caused must be a foreseeable consequence
the damage must be of a type or kind that is reasonably foreseeable otherwise it is too remote , THE WAGON MOUND NO.1

Question 7

ACTS OF A STRANGER

Answer 7

D will not be liable where the damage is done by a third party who is not acting under the D’s instructions or control
BOX v JUBB
PERRY v KENDRICKS TRANSPORT

Question 8

ACT OF GOD

Answer 8

unforeseeable natural phenomenon
Lord Hobhouse in transco as describing events which:
- involve no human agency
- it is not realistically possible to guard against
- is due directly and exclusively to natural causes
- could not be prevented by any amount of foresight pain or cares