Rylands v Fletcher

• Definition?

  persons property is damaged by the escape of non naturally stored material
• Rylands v Fletcher


  created a reservoir and failed to block off disused mineshafts

  water flooded neighbouring mines
• Claimant?


  interest in land affected
• Defendant?


  interest- owner/occupier
• 4 elements?


  bringing onto land

  likely to cause mischief

  non natural use of land

  thing stored escape and cause foreseeable damage
• Hale v Jennings Bros?


  Chair o plane broke

  likely to do mischief if it escapes- liable
• Rickards v Lothian


  unknown person turned on taps

  water in pipe, natural use of land
• Read v J Lyons


  munitions inspector , exploded shell

  thing stored must escape
• Cambridge v Eastern Counties Leather


  chemicals seeped into soil

  damage not reasonably foreseeable
• Fire?

  won't work anymore fire escaped not actual material
• LMS International v Styrene Packaging


  Factory contained flammable material, fire broke and spread

  case for when fire could be used
• Stannard v Gore

  tyre business, flammable so fire spread more

  no liability- thing didn't escape, natural use of land
• Defences?


  act of god, act of stranger, consent, contributory negligence, statutory authority
• Consent?


  aware of risk, free choice, acting voluntary
• consent cases?


  Smith v Baker

  Ogwu v Taylor
• Perry v Kendrick transport 


  stranger removed petrol cap

  no liability
• Nichols v Marsland


  3 artificial lakes, freak storms caused banks to break

  no liability
• Contributory negligence?


  Stinton v stinton

  Sayes v Harlow
• Remedies?


  most likely damages depending on level of damage