Rylands v Fletcher

Question 1

Definition

Answer 1

This rule is used when something from a neighbouring property damages, or destroys property by the escape of a non-naturally stored material onto adjoining property

Question 2

Occupier

Answer 2

It must be proven that the D is the occupier of the land and the C must have some interest in the damaged land

Question 3

Accumulation

Answer 3

The D must have brought something onto the land which does not naturally accumulate (Ellison)

Question 4

Mischief

Answer 4

It is likely to cause mischief if it escapes. The damage must be foreseeable once the thing escaped, not the escape (Hale)

Question 5

Non-natural use

Answer 5

There must be a non-natural use of the land. This can change with technological developments, but must be an extraordinary or unusual use of the land

Question 6

Escape

Answer 6

The thing must escape and cause reasonably forseeable damage. (Read v Lyons)

Question 7

Defences

Answer 7

Act of a stranger
Act of God
Consent
Contributory negligence
Statutory authority