Rylands v Fletcher

• The claimant must be a person who has an interest in the land affected.
• The defendant must be in control and in possession of the land.

  British Celanese v Hunt : The defendant must have some control over the land on which the material is stored.
• Rylands v Fletcher test :

  1. The bringing onto the land and accumulation (storage)
  2. Of a thing likely to cause mischief if it escapes
  3. It escapes and causes reasonably foreseeable damage
  4. Storage of the thing amounts to an extraordinary and unusual use of the land
• 1. Bringing onto the land and accumulation :

  Giles v Walker - There will be no liability if the thing naturally accumulates there.
• 2. Likely to cause mischief if it escapes :

  The thing does not need to be dangerous itself, it just becomes dangerous when it escapes.
• 3. Escapes and causes reasonably foreseeable damage.

  1. The things escapes and causes harm to the claimants land.
  2. The harm is a reasonably foreseeable result of the escape.
• Escape - Stannard v Gore

  The thing must actually escape and cause harm to the claimant's land.
• Causing harm - Hale v Jennings

  The thing that escapes causes reasonably foreseeable damage.
• 4. An extraordinary and unusual use of the land :

  Transco - the use of land must be extraordinary and unusual considering the time and place.
• Defence - Volenti :

  There will be no liability for the defendant if the claimant has consented to the thing which has accumulated on the defendants land.
• Defence - Act of a Stranger :

  A full defence if a stranger over whom the defendant has no control has been the cause of the escape which causes the damage.
• Defence - Act of God :

  A full defence where the escape of the thing has been caused by unforeseen extreme weather conditions.
• Defence - Public Benefit :

  A defence if the thing that they are storing on the land is being stored there for a common public benefit.
• Defence - Act of the Claimant :

  A full defence if the claimant caused the thing to escape.
• Remedies =

  Compensatory damages for the cost of harm to the property. No damages for personal injury.