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Kidner's Casebook on Torts

Kidner's Casebook on Torts (15th edn)

Kirsty Horsey and Erika Rackley
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date: 28 September 2022

p. 47617. Actions under Rylands v Fletcherlocked

p. 47617. Actions under Rylands v Fletcherlocked

  • Kirsty HorseyKirsty HorseySenior Lecturer in Law, Kent Law School, University of Kent
  •  and Erika RackleyErika RackleyProfessor of Law, Kent Law School, University of Kent

Abstract

This chapter first looks at the idea of there being a form of strict liability for the escape of things brought onto and kept on land, arising from the case of Rylands v Fletcher. It continues by looking at the concept of ‘adopting a nuisance’; that is, allowing a nuisance on land to continue or failing to remove a natural hazard on land that ought to have been removed or been attended to, for example in order to prevent a one-off escape. Cases in this area have led to the existence of a ‘measured duty of care’, seemingly bringing the land torts closer to negligence.

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