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Rylands v Fletcher (1868)
Created by 121.1.18.237 on 3 November 2009, at 14:55
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Rylands v Fletcher
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Court House of lords
Full case name John Rylands and Jehu Horrocks v Thomas Fletcher
Date decided 17 July 1868
Citation(s) [1868] UKHL 1, (1868) LR 3 HL 330
Transcript(s) Full text of House of lords decision
Judge(s) sitting Cairns LC
Lord Cranworth
Case history
Prior action(s) Court of Liverpool Assizes
Exchequer of Pleas
Court of Exchequer Chamber ([1866] LR 1 Ex 265)
Case opinions
Cairns LC
Lord Cranworth
Keywords
Strict liability, nuisance
[1868] LR 3 HL 330 (HL). The claimant's mineworkings were flooded when a well dug by the defendant collapsed, allowing water to escape onto the claimant's land. There was no reason to believe that the defendant had constructed his well negligently, or was otherwise at fault in his conduct. Nevertheless, it was held that a person who brings something onto his land that is apt to cause 'mischief' it it escapes, is prima facie liable to his neighbours if it does escape, regardless of fault. The rule in rylands vfletcher therefore creates a tort ofStrict liability.
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