rylands v fletcher

• where a person's property is damaged or destroyed by the escape of non naturally stored material onto adjoining property
• transco / canary wharf


  claimant must have a legal interest in land to pursue claim
• read v lyons


  defendant needs to be the owner or occupier of land where the dangerous things were accumulated
• claimant must show four essential elements of tort
• 1. material was brought onto land
• giles v walker


  covers artificial accumulation of material but not natural accumulation like weeds
• ellison v mod 


  or rainwater
• transco


  2. thing was something highly likely to cause mischief if it escapes
• must be foreseeable that thing brought onto land is likely to cause mischief if it escapes
• hale v jennings bros


  escape itself doesn't need to be foreseeable
• shiffman v grand priory


  thing itself doesn't need to be inherently dangerous
• stannard v gore


  must be accumulated thing itself that escapes and causes damage (eg fire)
• lms international 


  liability for fire cases only arises if negligently dealt with or started
• 3. must amount to non natural use of land
• rickards v lothian


  non natural use means not a common place
• transco


  must be extraordinary and unusual considering time and place
• stannard v gore


  if reasonable for d to have the material it is not a non natural material use of land
• mason levy autoparts


  things stored in large quantities can amount to non natural use
• 4. things stored must escape and cause foreseeable damage
• read lyons


  stored item must escape from one property onto an adjoining property
• cambridge water


  if damage is too remote, not reasonably foreseeable
• d may be able to raise a defence
• may be volenti - c has consented to thing accumulated
• perry v kendricks


  an act of a stranger
• nichols v marsland


  an act of God eg. extreme weather conditions
• charing cross electricity co


  statutory authority (act must specify)
• ponting v noakes


  contributory negligence - where c is partly responsible for escape of thing
• remedies - c must show damage to his property to succeed, will be given as cost or repair the property damaged
• transco


  not possible to claim for personal injury under the tort