Rylands v Fletcher

• Define Rylands

  A person who brings onto their land and keeps there a dangerous thing in the course of a non-natural use of the land is strictly liable for any damage caused by its escape.
• Define the claimant and give a case

  Must have a legal interest in land, Transco v Stockport
• Define defendant and give a case

  Defendant must have control over land on which the dangerous material was present, Read v Lyons
• D brings onto land and keeps there + case

  Must be an artificial accumulation, not something naturally present or accumulating naturally, Giles v Walker
• What three things come under Dangerous Material?

  1. likely to cause damage if it escapes, Hale v Jennings
  2. Includes things not inherently dangerous. Must provide an exceptional risk, Rylands v Fletcher
  3. Fire spreading, Stannard v Gore
• What three things come under Non-natural?

  1. Storage of natural material in a non-natural amount, Rylands
  2. potentially dangerous activity, Cambridge Water
  3. Extraordinary or unusual, Transco v Stockport
• Explain Escape


  Material escapes from land over which D has control to land they don't control
• Damage + cases


  Escaping material must cause damage of a foreseeable kind, Cambridge Water

  Can only claim for property damage
• What are the 5 defences

  Act of a stranger, Perry

  Act of God, Marsland

  Statutory Authority, Green

  Consent, Peters

  Contributory Negligence, Froom