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Chapter

Cover Casebook on Tort Law

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

Cover Tort Law

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

Cover Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover Essential Cases: Tort Law

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

Cover An Introduction to Tort Law

3. Breach of Duty  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses breach of duty. To establish breach of duty, it must be determined that there was some misbehaviour by the defendant himself. The chapter addresses the question of whether the defendant behaved reasonably. It considers factors such as foreseeability of harm objective standard, normal practice, utility of conduct, cost of prevention, conduct of others, and emergencies. It then turns to the identification of the breach.