Ryland's v Fletcher

• The rule


  An extension of the tort of private nuisance. D is liable if he accumulates and dangerous teeming in the course of a non-natural use of land and it escapes, casting reasonably foreseeable damage.
• C's legal position

  C must have a legal interest in the land (Hunter v Canary Wharf)
• Accumulation


  D must voluntarily bring the substance onto his land.
• Giles v Walker


  If the substance is naturally occurring, it does not amount
• Ellison v Ministry of Defense

  If the substance is naturally accumulating, it does not amount
• Dangerous thing 


  It must be likely to cause mischief if it escapes (Hale v Jennings)
• Non-natural use


  Was the use common place? (Richards v Lothian)

  Or was it's an extraordinary and unusual use of land? (Fransco v Stockport)
• Harooni v Rustin


  Large quantities are usually extraordinary
• Escape 


  The dangerous thing must move from D's land to C's land that D does not control (stannard v Gove)/(Read v Lyons)
• The damage my be Reasonably forseeable

  (Cambridge water v Eastern counties leather)
• Defences: an act of a stranger

  D will not be liable if the escape is caused by the deliberate and unseen act of a stranger, someone D has no control over (Ruchards v Lothian)
• Defences: an act of God

  A natural event so powerful that precautions and D could not have prevented it (Nichols v Marsland)
• Defences: tutorial authority


  If the escape occurs during the activities authorised by an Act of Parliamment, D will not be liable (Greene v Chelsea waterworks co)