Rylands v Fletcher

Question 1

First step?

Answer 1

1. Does C have a right in the land?
   ✅ Only someone with a legal interest in the land can claim. (Basic)

Question 2

Second?

Answer 2

Can C claim against D as occupier?
✅ D must control/occupy the land where the thing was accumulated.
⚖️ Read v Lyons — no liability if no escape from D’s land.

Question 3

Third?

Answer 3

💥 3. Has D accumulated something non-natural or extraordinary?
✅ D must bring onto land something not naturally present, for their own purposes.
⚖️ Transco plc v Stockport MBC — ordinary domestic water use = no claim.

Question 4

Fourth?

Answer 4

Was it for D’s own purpose?
✅ If accumulation is for public benefit, D may not be liable.

Question 5

Fifth?

Answer 5

Is it likely to cause mischief if it escapes?
✅ The thing must be likely to cause harm if it escapes, not just likely to escape.
⚖️ Dunne v North Western Gas Board — no liability if not dangerous or mischievous.

Question 6

Sixth.

Answer 6

Did the thing escape?

Escape = must move from D’s land to C’s land.
⚖️ Hale v Jennings Bros — chair flew off fairground ride, landed on neighbouring stall.

Question 7

Seventh?

Answer 7

Was the damage foreseeable?
✅ Only foreseeable types of damage are recoverable.
⚖️ Cambridge Water v Eastern Counties Leather — test of foreseeability applies.

Question 8

Eight?

Answer 8

💥 8. Defences
✅ Act of God →
⚖️ Nichols v Marsland — freak storm broke ornamental pools.
✅ Act of a stranger →
⚖️ Rickards v Lothian — unknown third party caused the escape.
✅ Common benefit or consent →
⚖️ Peters v Prince of Wales Theatre — claimant consented to sprinkler system.