A claim could be made if material was brought onto land and stored, it was likely to cause mischief if it escapes, which amounted to a non-natural use of the land.
1 of 5
Transco plc v Stockport Metropolitan Borough Council (2004)
(Non-Natural Use of Land)
A claim in Rylands v Fletcher is a special form of nuisance when the use of land is extraordinary and unusual.
2 of 5
Rickards v Lothian (1913)
(Non-Natural Use of Land)
There has to be a non-natural use of the land- not present in this case as domestic pipes were a natural use of land.
3 of 5
Read v Lyons (1947)
(Thing Stored Must Escape and Cause Foreseeable Damage)
The material has to escape from one property onto adjoining property- no liability here as there was no escape.
4 of 5
Cambridge Water Co. v Eastern Counties Leather (1994)
(Thing Stored Must Escape and Cause Foreseeable Damage)
Damage has to be reasonably foreseeable and not too remote from the escape.
5 of 5
Other cards in this set
Card 2
Front
A claim in Rylands v Fletcher is a special form of nuisance when the use of land is extraordinary and unusual.
Back
Transco plc v Stockport Metropolitan Borough Council (2004)
(Non-Natural Use of Land)
Card 3
Front
There has to be a non-natural use of the land- not present in this case as domestic pipes were a natural use of land.
Back
Card 4
Front
The material has to escape from one property onto adjoining property- no liability here as there was no escape.
Back
Card 5
Front
Damage has to be reasonably foreseeable and not too remote from the escape.
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