Rylands v Fletcher

Question 1

Requirements

Answer 1

1. D has brought something onto land and accumulated it there
   2. Something likely to cause mischief if it escapes
   3. Which is a non-natural use of the land
   4. Which then does escape
   5. And causes reasonably foreseeable damage to C’s property

Question 2

D brought something onto land and accumulated it there

Answer 2

Giles - natural things do not count

Question 3

Something likely to cause mischief - things that are and arent included

Answer 3

 Gas and electricity (Hillier)

Flag poles (Shiffman)

Yew Tree branches (Crowhurst)

A chair on a fairground ride (Hale)

Flammable materials in dangerous quantities (Mason)

 
Not included:

Fire from a natural use of land (Gore)

Question 4

Non-natural use of land

Answer 4

Transco - “extraordinary and unusual considering the time and place”

Cambridge Water - “potentially dangerous activity” or has an “increased risk to others”

Mason - If things are stored in “dangerously high quantities”

Hunt - If the public derive a benefit from such a use of land, then it may be seen as a natural use - but this needs to be balance against other factors (e.g. dangerousness)

Question 5

Thing does escape

Answer 5

Read - an escape from a place where the defendant has control to a place they do not

Can escape from land D has control over - Hunt

Or circumstances over which D has control - Hale

Question 6

Causes reasonably foreseeable damage to property

Answer 6

Does not include financial loss (Weller) nor personal injury (Transco)

Has to reasonably foreseeable so not too remote - Cambridge Water Co

Question 7

Possible defences

Answer 7

Acts of Stranger (Box) - will still be liable if control over third party (Ribee)

Act of God - not liable if ‘no human foresight can provide against’ - Greenock corp says has to be more than simple rainfall

Statutory Authority - allowed under Act of Parliament - Green
Consent - precise, volun acceptance, free choice
Contributory Negligence - law reform