Rylands v Fletcher

Rylands v Fletcher

When D has accumulated something dangerous on this land, which escapes and causes damage on neighbouring land.

Read v Lyons (Can C sue D?)

Anyone with control of the land where the problem started may be sued under Rylands.

Transco v Stockport MBC (Can C sue D?)

C needs to have proprietary rights in the land to be affected.

Ellison v Ministry of Defence

Where the thing causing damage naturally accumulates on the land, it cannot be said that D has ‘brought’ it onto his land.

Read v Lyons (Escape)

The thing goes into a place where D does not have occupation or control.

Stannard v Gore

Where fire escapes and causes damage, D must have brought that fire onto his land, not just objects that start or worsen the fire.

Transco v Stockport MBC (Danger)

One could foresee a very high risk of damage if the thing escapes but not how foreseeable escape is.

Cambridge Water Co. v Eastern Counties Leather

The type of damage caused must be foreseen.

Transco v Stockport MBC (Non-natural)

An extraordinary and unusual use of land.

Rickards v Lothian

When the escape is caused by someone D does not have control over this is an act of stranger.

Nichols v Marsland

When the escape is caused by some natural force which no human could foresee or prevent is an act of god.