Rylands v Fletcher

Rylands v Fletcher

Rylands v Fletcher

D is liable if, on his land, he accumulates a dangerous thing in the course of a non-natural use of that land, and the thing escapes and causes reasonably foreseeable damage

Transco v Stockport MBC (1)

Rylands v Fletcher is a type of nuisance, so C must have a legal interest in the land 1

Giles v Walker

There must be an artificial accumulation of the thing which escapes.

Stannard v Gore

A fire is not an accumulation unless started deliberately or negligently by the occupier

Hale v Jennings Bros

A dangerous thing is one which is 'likely to do mischief if it escapes'

Transco v Stockport MBC (2) d

A dangerous thing is one which poses an 'exceptional risk' 2

Rickards v Lothian

A 'non natural' use is one which is 'not commonplace'

Transco v Stockport MBC nnu

A non-natural use is one that is "extraordinary or unusual" 3

Cambridge Water v Eastern Counties Leather

Bulk storage of chemicals was a non-natural use

Harooni v Rustins

Storing 20,000 litres of petrol was a non-natural use

Read v Lyons & Co

To 'escape', the substance must move from land D controls to land he does not

Cambridge Water v Eastern Counties Leather (2)rf

Only reasonably foreseeable damage can be recovered 2

Perry v Kendricks Transport

D is not liable if the escape is caused by the deliberate and unforeseen act of a stranger (someone over whom D has no control)

Nichols v Marsland

D is not liable for an escape caused by a natural event so enormous that it cannot be foreseen or guarded against

Green v Chelsea Waterworks

D will not be liable where they have a statutory duty to carry out the activity and are not negligent

Dunn v Birmingham Canal Co

D is not liable if the escape is due to C's own fault