RYLANDS V FLETCHER

Question 1

RYALNDS V FLETCHER

Answer 1

The unwanted intrusion of something harmful, onto a neighbour land.

Question 2

MAIN CASE

Answer 2

TRANSCO V STOCKPORT

Question 3

1) ACCUMILATION

Answer 3

D must artificially accumulate something onto their land and keep it.
[GILES V WALKER]

Question 4

2) IT IS A NON NATURAL USE OF THEIR LAND

Answer 4

Must be ‘extraordinary or unusual’ with ‘increased risk of damage’
[RICKARDS V LOTHIAN]

Question 5

3) DANGEROUS

Answer 5

Likely to cause mischief e.g. chemicals or water.

Question 6

4) ESCAPES

Answer 6

The movement from D’s plot to C’s plot
[STANNARD V GORE]

Question 7

5) CAUSES DAMAGE

Answer 7

The damage caused is a foreseeable type of harm.

Question 8

DEFENCES

Answer 8

STAT AUTHORITY, AOG, AOS, CONSENT, CON NEG

Question 9

STATUTORY AUTHORITY

Answer 9

A legal right to do so.
[GREEN V CHELSEA]

Question 10

ACT OF GOD

Answer 10

Unforeseeable events like natural disaster.
[NICOLS V MARSLAND]

Question 11

ACT OF STRANGER

Answer 11

Deliberate and unforeseen act of a stranger.
[PERRY V KENDRICKS]

Question 12

CONSENT

Answer 12

D may have deemed consent from C.

Question 13

CON NEG

Answer 13

Thing escape because of C