Chapter

Actions under <i>Rylands</i> v <i>Fletcher</i>

Kirsty Horsey and Erika Rackley

in Kidner's Casebook on Torts

Edition 14

Published on behalf of © Kirsty Horsey and Erika Rackley 2017

Published in print July 2017 | ISBN: 9780198785279
Published online September 2017 | e-ISBN: 9780191827259 | DOI: http://dx.doi.org/10.1093/he/9780198785279.003.0017
Actions under Rylands v Fletcher

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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.

Keywords: torts; Rylands v Fletcher; natural hazard; one-off escape; land; measured duty of care

Chapter.  9580 words. 

Subjects: Tort Law

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