How to Answer a Rylands v Fletcher Problem Question

Introduction

The defendant (D) may be liable under Rylands v Fletcher for the damage to the C’s ___ when ___. This was due to the accumulation of ___ that escaped onto the C’s land causing damage. 

Claimant

The C can pursue a claim under Rylands v Fletcher as they have exclusive possession (tenant) of/an interest (owner) in the property (Hunter v Canary Wharf). 

Defendant 

The D will be the defendant of the claim as they had control over the land (Read v Lyons) and/or brought the thing onto the land and accumulated it (Read v Lyons) as they ___. They are the defendant. 

Brought onto the land and accumulated

[If the process is ‘natural’ like a lake, it can still be person-made]. 

The creation of the ___ was a non-natural process that allowed them to accumulate, so the D could be liable (Rylands v Fletcher). 

They did not accumulate naturally like thistles (Gyles v Walker) as it is person-made because ___ were brought onto the land to ___. 

There was a bringing onto the land and accumulation of a thing - ___.

Likely to cause mischief if escapes

___ is not inherently dangerous (Shiffman), but an accumulation of it is…