Rylands v Fletcher

Question 1

Interest in land

Answer 1

Hunter v canary wharf - legal interest, owner or tenant

Question 2

D accumulates something

Answer 2

Read v lyons - d must be accumulator

Question 3

d brings something onto land

Answer 3

Giles v walker - seeds from thistles no
rainwater ellison NO

Question 4

Likely to cause mischief

Answer 4

Gas (hillier)
mason ( flammable materials)
schiffman (flagpole)
crowhurst ( yew tree branches)
hale v jennings (chair at fairground)
NOT fire from natural use (stannard)

Question 5

Non-natural use

Answer 5

transco - means not ordinary
cambridge water - potentially dangerous activity is non-natural
Mason - high quantity dangerous, non-natural
British celanese - a public benefit is natural

Question 6

Then does escape

Answer 6

Celanese - land d has control over
Hale - or circumstances
Ponting - horse
read - no escape from explosion

Question 7

Reasonably foreseeable damage

Answer 7

Cambridge water - not too remote
no personal injury (transco) or financial (weller)

Question 8

Defences

Answer 8

act of stranger (box), unless they have control
act of god - extreme weather (nichols)
statutory authority - allow under act (smeaton)
volenti
contributory negligence