Private nuisance - Rylands v Fletcher

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  • Rylands v Fletcher
    • Rylands v Fletcher 1868
      • essentially an extension of the law of nuisance to isolated escapes from land
      • strict liability offence
      • person who for his own purposes brings on his lanf collects and keeps there anything likely to cause mischeif if it escapes must keeo it at his peril
      • d is answerable for all the damages which is the natural consequence of it's escape
    • 1; a bringing onto land and accumulating
      • no liability for something naturally on the land which escapes
        • Giles v Walker 1890 (weeds)
        • Ellison v Ministry of defence 1997 (water)
      • there is liability if d has adopted the nuisance
        • Leakey v National Trust 1980
      • Rylands v Fletcher 1868
      • Cambridge water v eastern counties leather
    • 2; of a thing likely to cause mischief if it escapes
      • not the escape that's likely, the mischief that would be caused
      • Camrbidge water v eastern counties leather
      • damage has to be reasonably forseeable
    • 3; which amounts to non-natural use
      • d brings something onto their property not naturally there due to quantity or volume
      • Ricklands v Lothian
      • Camrbidge water v eastern counties leather
    • 4; and does escape and cause damage
      • Rylands v Fletcher 1868
      • Read v Lyons
      • Stannard v Gore
    • Defences
      • act of third party
        • Rickards v Lothian 1913
      • act of God
      • statutory authority
        • Green v Chelsea waterworks co
      • Fault of c
      • Consent
        • Peters v Prince of Wales theatre
    • remedies
      • damages
      • injunction
      • abatement

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