Rylands V Fletcher AO1

What must the Claimant have in the land?

A legal interest

Hunter- they own or rent it

Who is the defendant?

The person who has control over the land on which the material is stored

What can C claim for?

Property Damage ✅

Personal injury ❌

What is Element One (E1)?

There must be a bringing onto the land & an accumulation of the thing

What did Giles say wasn’t RvF? (E1)

If the thing that accumulated is natural (eg weeds)

What is Element Two (E2)?

The thing is likely to cause mischief if it escapes

What happened in Stannard? (E2)

D wasn’t liable as tyres are not exceptionally dangerous and they did not escape

What is Element Three (E3)?

The thing escapes and causes reasonably foreseeable damage.

What did Cambridge Water set? (E3)

The thing escaping doesn’t have to be reasonably foreseeable but the damage must be

CW: D wasn’t liable as it was too remote

What is Element Four (E4)?

There must be an extraordinary and unusual act/use of the land

What did Harooni say can be extraordinary? (E4)

Storing things in large/excessive quantities

Case examples of things that weren’t extraordinary? (E4)

Rickard- domestic water pipes

British Celanese- electricity; it was a natural use and of public benefit