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.
Chapter
17. Actions under Rylands v Fletcher
Chapter
17. Actions under Rylands v Fletcher
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.
Chapter
19. Actions under the rule of Rylands v Fletcher
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.
Chapter
19. Actions under the rule of Rylands v Fletcher
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.
Chapter
Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The document also included supporting commentary from author Craig Purshouse.
Chapter
Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barclays Bank Plc v Various Claimants [2020] UKSC 13
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barclays Bank Plc v Various Claimants [2020] UKSC 13
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barker v Corus UK Ltd [2006] 2 AC 572
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barker v Corus UK Ltd [2006] 2 AC 572. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barker v Corus UK Ltd [2006] 2 AC 572
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barker v Corus UK Ltd [2006] 2 AC 572. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolitho v City and Hackney HA [1998] AC 232
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolitho v City and Hackney HA [1998] AC 232
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolton v Stone [1951] AC 850
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolton v Stone [1951] AC 850. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolton v Stone [1951] AC 850
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolton v Stone [1951] AC 850. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bonnington Castings Ltd v Wardlaw [1956] AC 613
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bonnington Castings Ltd v Wardlaw [1956] AC 613. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bonnington Castings Ltd v Wardlaw [1956] AC 613
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bonnington Castings Ltd v Wardlaw [1956] AC 613. The document also included supporting commentary from author Craig Purshouse.
