top-rated free essay

Abstract Ryland V. Fletcher

By TeenPrestige1 Aug 24, 2013 282 Words
ABSTRACT

The nineteenth century decision of Rylands v Fletcher epitomises the continuing struggle between two opposing viewpoints of liability for industrial enterprises: strict liability based on the internalization of external costs, and a more laissez-faire fault-based approach. Subsequent confusion about the true nature of Rylands v Fletcher is due to the fact that the decision in fact contains two rules, a narrow one based on nuisance liability between neighbouring landowners, and a wider one based on liability for escapes from potentially dangerous activities.

English and Australian judges have, over the past few decades, severely questioned the juridical distinctiveness and utility of the rule in Rylands v Fletcher. The uncertainties surrounding Rylands v Fletcher have resulted in a chequered history in common law jurisdictions. In Australia the rule has been discarded, preferring to expand the law of negligence to capture the rule's former territory. While jurisdictions such as Canada, Ireland and New Zealand have tended to follow the lead of the recent decisions of the House of Lords in confining the rule to a narrow species of nuisance liability. In the United States, however, the wider rule has had more success. Strict liability should have a role to play and is consistent with the polluters pay principle, but in England and Wales it is now likely to be achieved only by legislation rather than case law.

the rule in Rylands v Fletcher and the law of private nuisance can be seen to be quite different creatures. It also argues that there is strong case for the rule's continued vitality, and that it would be a grave mistake to abandon it in favour of a yet more expansive law of negligence.

Cite This Document

Related Documents

  • Rylands v Fletcher Case Analysis

    ...Facts I am asked by the owner of The Friday Shop and the owners of the apartments (Claimants) to write an opinion to establish if they are able to claim for damages from Boutique Bugs (Defendant) for the amount of $1,100,000 based on the elements of the rule in Rylands v Fletcher. Rylands v Fletcher (R v. F) is based on the doctrine of Strict ...

    Read More
  • Rylands V Fletcher

    ...Computers could attach liability to either Chemical Supply or Industrial Estates under the tort of Rylands v Fletcher. Chemical Supply’s Liability Rylands v Fletcher established that a person who “for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his per...

    Read More
  • Rylands V Fletcher Case Study

    ... The rule in Ryland’s v Fletcher was established in the case Rylands v Fletcher [1868], decided by Blackburn J. In effect, it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in...

    Read More
  • Case Law - Rylands v Fletcher

    ...outlined that Councils do in fact owe a ‘Duty of Care’ thus the rule in Bowen v Paramount Builders Ltd crafted by Richmond P can be applied to our current case. Consequently, when the DCC selected a certifier who negligently approved unsound plans creating a hidden defect which is a source of danger to third persons whom he ought reasonably ...

    Read More
  • Rylands and Fletcher [1868] summary

    ...Case Name: Rylands v Fletcher [1868] UKHL 1 Court: House of Lords Case History: Exchequer of Pleas Court of Exchequer Chamber Facts: The defendant owned a mill and constructed a reservoir on their land. The reservoir was placed over a disused mine. Water from the reservoir filtered through to the disused mine shafts a...

    Read More
  • Rylands vs. Fletcher

    ...Rylands v Fletcher Ratio: Where a person brings on his land and collects and keeps there, for non-natural use, anything likely to do mischief if it escapes, he is liable for all the damages which is the natural consequence of its escape, even if he has taken due care to prevent it.. Limb 1. A person brings onto his land, collects and keep...

    Read More
  • Abstract

    ...__________________________________________ ___________ __________ WORKSHOP I ___________ (Problem Identification, Definition of Terms & Related Literature) __________ WORKSHOP II ...

    Read More
  • Abstracts

    ...Aulora Ellis HFST 1500-400 Abstract Abstract #1 By: Yie-Chu Foo; Cai-Lian Tam; Teck-Heang Lee. International Journal of Collaborative Research on Internal Medicine & Public Health (IJCRIMPH). Mar2012, Vol. 4 Issue 3, p190-201. 12p.  Drugs have been around for ages and it comes in many different forms throughout its existence. With...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.