Rylands V Fletcher Flashcards
Rylands v Fletcher relevance
Protects occupier’s land against interference due to an isolated escape from neighbour’s land
4 ingredients of Rylands v Fletcher
D brings on his lands for his own purposes something likely to do mischief
If it escapes
Non-natural user
Foreseeable damage of a relevant type
Act of bringing upon his lands must be voluntary
Giles v Walker
Water is mischief
Rylands v Fletcher
Electricity is mischief
National Telephone Co v Barker
Explosives are mischief
Rainham Chemical Works v Belvedere Fish Guano Co
Oil is mischief
Mulholland & Tedd Ltd v Baker
Tyres are not mischief
Stannard (t/a Wyvern Tyres) v Gore
Mischief should be easily satisfied
Transco Plc v Stockport MBC
Escape occurs where the object moves from D’s premises to a place outside his occupation or control
Read v J Lyons and Co Ltd
Escape must be that of the mischief
Stannard (t/a) Wyvern Tyres v Gore
Natural user only domestic water, electricity or gas
Rickards v Lothian
Large quantities of chemicals not natural even in industrial area
Cambridge Water Co v Eastern Counties Leather Plc
Damage must be foreseeable to skilled person
Cambridge Water Co v Eastern Counties Leather Plc
Only those with interest in land can sue
Transco Plc v Stockport MBC