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Rylands v Fletcher- Common law, usually 5 part test - Coggle Diagram
Rylands v Fletcher- Common law, usually 5 part test
Definition
D accumulates a dangerous thing, in the course of a non-natural use of his land,the thing escapes and causes reasonable foreseeable damage
6 part test
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- D brought something onto land
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- D made a "non natural use" of their land
A non-natural does not mean a use which is artificial or man made, but rather a use which is not common place
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- The thing was something likely to do mischief if it escaped
The thing need not be dangerous in itself but it must be likely to cause damage should an escape occur
Anything can be considered dangerous in a particular circumstance. The courts avoided giving a definition of dangerous and have decided to rule each case on its own particular facts
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- The thing did escape and caused damage
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- The damage was reasonably foreseeable
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Defences
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Statutory Authority
A statute may pose a duty on the D to accumulate the thing which has escaped. Therefore D is not liable if the escape occurs during activities authorised by an act of parliament, provided there is no negligence
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Consent
Express or implied consent of C to the presence and source of the danger, provided there has been no negligence by the defendant
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