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Tort Law

Tort Law (7th edn)

Kirsty Horsey and Erika Rackley
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date: 28 September 2022

p. 58319. Actions under the rule of Rylands v Fletcherlocked

p. 58319. Actions under the rule of Rylands v Fletcherlocked

  • Kirsty Horsey
  •  and Erika Rackley

Abstract

This chapter examines the rule from Rylands v Fletcher [1868]. The rule holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape, irrespective of fault. The rule today is best understood through a trilogy of cases: Rylands v Fletcher, Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] and Transco v Stockport Metropolitan Borough Council [2004]. The development of the rule has led to an increased overlap with ideas from nuisance and negligence.

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