rylands v fletcher

Question 1

c must have

Answer 1

legal interest (Hunter v Canary Wharf)

Question 2

D must have

Answer 2

voluntarily accumulated the substance (Giles v Walker)

Question 3

substance must be

Answer 3

likely to cause mischief if it escapes (Hale v Jennings)

Question 4

D must have a

Answer 4

nonnatural extraordinary use of land (Transco)

Question 5

substance must have

Answer 5

moved from Ds land to Cs land (Read v Lyons)

Question 6

it must be the actual

Answer 6

accumulation that escapes (Gore v Stannard)

Question 7

affected

Answer 7

Cs land not just C

Question 8

escape and damage

Answer 8

must be foreseeable (Cambridge Water v ECL)

Question 9

defences (4)

Answer 9

1. 3rd party (Rickards v Lothian)
2. act of God (Nicholls v Marsland)
3. statutory authority (Green v Chelsea WW)
4. contributory negligence (Sayers v Harlow)