Rylands and Fletcher

• Define Rylands and Fletcher:


  Where a persons property is damages or destroyed by the escape of non-naturally stored material onto adjourning property.
• How to prove:

  1. Item brought/stored on to land.
  2. Thing likely to cause mischief if it escapes.
  3. Thing amounts to non-natural use of land.
  4. If thing does escape, is the DAMAGES CAUSED to adjourning property reasonably foreseeable?
• Defences:

  1. Volenti
  2. Act of a stranger - stranger who D has no control over causes the escape + damages (Perry)
  3. Act of God - extreme weather conditions - conditions unforeseeable (Nicholas)
  4. Statutory Authority - Act of Parliament authorizes actions of D
  5. Contributory Negligence