Rylands v Fletcher

6 important questions on Rylands v Fletcher

What are the case facts of Rylands v fletcher

-D built a reservoir on his land which came in contact with an old mineshaft on his land
-Contractors didn't seal it properly and water escaped and damaged C's property

What was the 4 part test established by the House of Lords

-D bought something onto his land (accumulation)
-Non-natural use of land
-Thing likely to cause mischief on land if it escaped (dangerous)
-Thing did escape and caused reasonably foreseeable damage

What is the full definition of accumulation

-D voluntarily brought something onto his land and kept it there
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What are the rules on natural/artificial accumulation

-Has to artificial accumulation
-Giles v Walker/ Thistles that caused damage were naturally accumulating
-Ellison v MOD/ no damage as rainwater naturally accumulated on land.

What is the legal definition of non natural use

-A use of that land that is not common place and extraordinary (different to artificial)

What remedies are available

-special and general damages for damage to property
-May also be able to sue for personal damages (Hale v Jenning bros)

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