Define Ryland v Fletcher - A person who brings / keeps on his land a dangerous thing in extraordinary + unusual circumstances is strictly liable for damaged caused by its escape
Step 2
Parties
Does C have an interest in the land to pursue a claim (Transco v Stockport)
Is D in control of the land on which the dangerous thing is kept (Rylands v fletcher)
Step 3
Accumulation
D must of bought onto his land the dangerous thing that escapes - not a natural thing e.g. thistles (Giles v Walker)
Step 4
Dangerous thing
Thing bought onto land must be dangerous - high level of danger if it were to escape (Hale v Jennings)
Step 5
Non-natural use of land, extraordinary and unusual (Rickard's v Lothian)
Step 6
Escape
Escape from land that D controls (Read v Lyons)
Step 7
Damage
Escaping thing must cause reasonable foreseeable damage (Cambridge water v Eastern countries leather)
Defences
Act of stranger
Act of god
Statutory authority
Volenti
Contributory negligence
Defence - act of stranger
D not liable if escape is caused by the deliberate act of a stranger (Perry v Kendricks)
Defences - act of god
A natural event so enormous that it cannot be foreseen or guarded against (Nichols v Marsland)
Defences - statutory authority
D is not liable if the escape occurs during activities authorised by an act of parliament (Green c Chelsea Waterworks)
Defences - volenti
No liability when C has consented (Peters v prince of Wales theatre)
Defences - contributory negligence
Where C is partly responsible for the escape of the thing - damages may be reduced
