Transco v Stockport MBC [2004]

Facts

  • The defendant’s water pipe burst, which caused the weakening of a bank. This bank suspended the claimant’s gas pipe; which was damaged.

Issue

  • Could the claimants make a claim for damages under Rylands v Fletcher?

Decision

  • No

Reasoning

  • Ordinary use of land, no liability
  • Not easy to bring a Rylands v Fletcher claim
RELATED CASE  Sedleigh-Denfield v O'Callaghan [1940]

Posted in Tort Law Revision Notes.

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