Rylands v Fletcher

Rylands v Fletcher

Defendant must bring something onto his land

D must voluntarily bring onto his land an ACCUMULATION of substance that escaped

GILES V WALKER - Thistles

The use of the land must be non-natural

Includes:

Carrying out potentially dangerous activity.

When certain things are stored in large quantities

CAMBRIDGE WATER V EASTERN COUNTIES LEATHER.

Thing is likely to cause mischief if it escapes

The escape can be from land over which D has control or circumstances that D has control over.

HALE V JENNING BROS

The thing escaping causes damage

Tort of Rylands v Fletcher requires C to prove damage caused. Damage is usually not obvious - no damage to land or property.

TRANSCO V STOCKPORT

Reasonably foreseeable damage

Only damage that is reasonably foreseeable is recoverable.

CAMBRIDGE WATER V EASTERN COUNTIES LEATHER

Defences

Act of stranger

PERRY V KENDRICKS TRANSPORT

Act of god

TRANSCO V STOCKPORT

Statutory authority

GREEN V CHELSEA WATERWORKS COMPANY

Consent

PETERS V PRINCE OF WALES THEATRE

Common benefit

DUNNE V NORTH WESTERN GAS BOARD

Fault of the claimant

PONTING V NOAKES