Rylands v Fletcher (1868)

Law of Torts · Strict Liability

Facts.

Rylands employed competent independent contractors to build a reservoir on his land. Unknown to him or to them, the site lay above disused mine shafts which connected with the neighbouring colliery of Fletcher. When the reservoir was filled, water broke through and flooded the mine. Rylands was personally free of any negligence.

Issue.

Is a person liable for damage caused by the escape of a dangerous thing from his land where he was not negligent?

Held.

Yes. Blackburn J held that a person who for his own purposes brings and keeps on his land anything likely to do mischief if it escapes must keep it in at his peril. In the House of Lords, Lord Cairns added the requirement that the use of land be non-natural.

Why it matters.

It created liability without fault, and its three essentials and six exceptions are the most reliably examined content in Unit 3. In India it is the launching point for absolute liability.

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