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18. The rule in Rylands v Fletcher
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This chapter examines the rule in Rylands v Fletcher, which is probably the best-known example of a strict liability tort in English law. It explains that the rule in this case highlighted various elements of the tort, such as non-natural use and escape, which must be present before liability can be imposed. It discusses criticisms of the rule, particularly about whether it really amounts to an instance of strict liability in tort, and considers the recent judicial view that it is merely a sub-branch of the law of private nuisance.
Title: 18. The rule in Rylands v Fletcher
Description:
This chapter examines the rule in Rylands v Fletcher, which is probably the best-known example of a strict liability tort in English law.
It explains that the rule in this case highlighted various elements of the tort, such as non-natural use and escape, which must be present before liability can be imposed.
It discusses criticisms of the rule, particularly about whether it really amounts to an instance of strict liability in tort, and considers the recent judicial view that it is merely a sub-branch of the law of private nuisance.
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