Rylands v Fletcher

Question 1

How many stages needed to identify?

Answer 1

7

Question 2

1. R v F

Answer 2

Valid C & D
- C must have an interest in land to pursue a claim as in the case of nuisance – Hunter v Canary Wharf
- D needs to be either the accumulator or the occupier of the land the thing is accumulated on

Question 3

2. R v F

Answer 3

D brought something onto the land
- D voluntarily brought and accumulated on the land
- Artificial accumulation - Giles v Walker

Question 4

3. R v F

Answer 4

Non-natural use of land
- A potentially dangerous activity - Cambridge Water v Eastern Counties Leather/Transco
- Things stored in large quantities – Mason v Levy Autoparts

Question 5

4. R v F

Answer 5

The thing will be likely to cause mischief if it escapes
- Thing itself need not be inherently dangerous - Hale v Jennings

Question 6

5. R v F

Answer 6

There must be an escape - Read v Lyons

Question 7

6. R v F

Answer 7

The damage was foreseeable - Cambridge Water v Eastern Counties Leather

Question 8

7. R v F

Answer 8

Identify the available defences:
- Volenti non fit injuria – Peters v Prince of Wales Theatre
- Common benefit - Dunne v North West Gas Board, Cordin v Newport City Council
- Act of God - Nichols v Marsland
- Act of a stranger - Perry v Kendricks Transport
- Statutory authority - Charing Cross case
- Fault of the C/Contributory negligence under the Law Reform (Contributory Negligence) Act 1945 which reduces damages