p. 48916. The Rule in Rylands v. Fletcher
- Simon DeakinSimon DeakinProfessor of Law and a Fellow of Peterhouse, University of Cambridge
- , and Zoe AdamsZoe AdamsJunior Research Fellow, King's College, University of Cambridge, King's College, University of Cambridge
Abstract
This chapter examines the rule in Rylands v. Fletcher, a rule which remains controversial to this day. The rule states that anyone who, in the course of a ‘non-natural’ use of his land ‘accumulates’ thereon for his own purposes anything likely to do mischief if it escapes, is answerable for all direct damage thereby caused. It discusses the requirements for liability, the various controlling mechanisms used to limit the scope of the rule; what and whose interests are protected by it; and the relationship between Rylands v. Fletcher and private nuisance. The chapter also explores the important questions that the rule in Rylands v. Fletcher raises about the nature, and future, of strict liability in the law of tort in general.
