Rylands V Fletcher Flashcards
The claimant
C must have an interest in land to pursue a claim of nuisance
Hunter v Canary Wharf
The defendant
D needs to be either the accumulator or the occupier of the land the thing is accumulated on
What are the stages of the test?
1) valid c and d
2) D brought something onto the land and accumulated
3) non natural use of land
4) likely cause mischief of it escaped
5) must be an escape
6) damage was foreseeable
D brought something onto the land
The D must voluntarily bring onto his land an accumulation of the substance
Must be artificial not natural - giles v walker
Non- natural use of land
This includes:
Carrying out potentially dangerous activities - Cambridge Water v Eastern Counties Leather
When certain things are stored in large quantities - Mason v Levy Autoparts
Non- natural use of land
This includes:
Carrying out potentially dangerous activities - Cambridge Water v Eastern Counties Leather
When certain things are stored in large quantities - Mason v Levy Autoparts
Escape is likely to cause mischeif
Thing itself need not be inherently dangerous - Hale v Jennings, Read v Lyons
There must be an escape
escape can be either from land over which the defendant has control or, from circumstances over which the
defendant has control.
The thing escaped must cause damage
Transco plc v Stockport (2004)
Reasonably foreseeable damage
Only damage which is reasonably foreseeable is recoverable.
Cambridge Water v Eastern Counties Leather
What are the defences for RvF
Volenti non fit injuria
• Common benefit
• Act of God
• Act of a stranger
• Statutory authority
• Fault of the C/Contributory negligence
Volenti non fit injuria
Peters v Prince of Wales Theatre
Common benefit
Dunne v North West Gas
Act of god
Nichols v Marsland
Act of a stranger
Perry v Kendricks Transport
