Rylands V Fletcher

Question 1

Factor 1

Answer 1

The bringing onto the land:

The dangerous thing must have been accumulated or brought onto the d’s land in the course of some unnatural use of the land.

Question 2

Factor 2

Answer 2

A thing likely to cause mischief if it escapes :

Must be foreseeable that the thing brought onto the land would be likely to cause damage if it escapes.

Question 3

Claiming for personal injuries under RVF

Answer 3

Cannot claim for personal injuries as it is a tort against the land. (Transco v Stockport) - Lord Hoffman

Question 4

Factor 3

Answer 4

A non-natural use of land:

“Extraordinary and unusual” - Lord Bingham
(Transco plc v Stockport)

Question 5

Factor 4

Answer 5

Thing stored must escape and cause foreseeable damage.

“Occurring when something escapes to outside a place where the D has no occupation or control” (Read v Lyons)

Question 6

Unforeseen circumstances

Answer 6

The D will not be liable for damage caused by something, which nobody could have foreseen coming if it escaped.