Rylands v Fletcher

Question 1

Rylands v Fletcher

Answer 1

D has accumulated something dangerous on his land, which escapes and causes damage on neighbouring land

Question 2

Read v Lyons (can C sue D)

Answer 2

D must control the land in order to be sued

Question 3

Transco v Stockport (Can C sue D)

Answer 3

C must have legal rights in the land affected to sue

Question 4

Ellison v Ministry of Defence

Answer 4

D must have brought or accumulated something onto their land, rather than the problematic thing naturally accumulating

Question 5

Read v Lyons (the thing escapes)

Answer 5

The thing escapes when it goes to a place where D does not have control

Question 6

Stannard v Gore

Answer 6

Where fire escapes and causes damage, D must have brought that fire onto his land, not just objects that start or worsen the fire

Question 7

Transco v Stockport MBC (exceptionally high risk of danger)

Answer 7

It does not matter if escape is foreseeable, just that their would be an exceptionally high risk of danger if the thing were to escape

Question 8

Cambridge Water Co. v Eastern Counties Leather

Answer 8

The type of damage actually caused must also be reasonably foreseeable

Question 9

Transco v Stockport MBC (non-natural)

Answer 9

The use must be non-natural, which means the use is extroardinary and unusual

Question 10

Rickards v Lothian

Answer 10

D may try to argue the escape was caused by the act of a stranger, meaning someone not under D’s control

Question 11

Nichols v Marsland

Answer 11

Some natural force causes the damage that D could not have prepared for