Rylands V Fletcher

Facts

Fletcher had a reservoir built on his land, sometime later the reservoir burst and flooded a neighbouring property run by Ryland

Giles

thistles were not ‘brought onto the land as they are naturally occurring

Ellison

rainwater not ‘brought onto land

Hales

must be foreseeable that if the ‘thing escapes, it is likely to cause damage

Shiffman

the escape itself need not be likely just its mischief

Read

the ‘things must actually escape into the claimant's land

Stannard

when fire escapes, the defendant is usually not liable as they did not bring it onto their land

Cambridge

the foreseeability/remoteness principle from wagon mound applies

Wagon Mound

the type of damage must be foreseeable

Transco

non-natural means extraordinary and unusual,

Rickards

water supply to a domestic property is not a non-natural use

Mason

something quite ordinary may become non-natural through the quantity and measure of storage or the character of the area

Cambridge Water

chemicals are a classic non-natural use of land

Damages

aims to put the claimant in their original position before the harm

Dunne

must be for the defendants own use or benefit of the claimant is benefitting the claim will fail

Act of God

where natural events cause the harm- nichols

Consent/Common benefit

where the source of the potential harm benefits both parties - Dunn

Act of a stranger

escape is cause by a third party- rickards

statutory authority

something permitted by a statue- green