rylands v fletcher

Question 1

definition

Answer 1

when d brings something onto their land and stores it there but it escapes and causes damage to c’s property

Question 2

stage one

Answer 2

bringing something onto the land and accumulation . must be naturally present (giles v walker) and must be for the d’s own purpose (dunne v north west gas board)

Question 3

stage two

Answer 3

likely to cause mischief if it escapes. the thing does not have to be particularly dangerous (hale v jenning bros)

Question 4

stage three

Answer 4

the thing does escape. must be from somewhere d has occupational control over to somewhere they don’t (read v lyons)

Question 5

stage four

Answer 5

must be a non-natural use of the land. extraordinary and unusual or bringing increased danger to others (Transco)

Question 6

stage five

Answer 6

the damage must be reasonable foreseeable and not too remote (cambridge water)

Question 7

defences

Answer 7

act of god
statutory authority
default of c
consent

Question 8

remedies

Answer 8

compensatory damages
economic loss
(not personal injury)