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Rylands v Fletcher [1868]

Facts

  • The defendant (Rylands) had a reservoir constructed for him by contractors
  • Upon filling the reservoir, the claimant’s (Fletcher) colliery was flooded
  • There was no negligence claim

Issue

  • Could a nuisance claim be made?

Decision

  • No, but claim allowed under new ‘Rylands v Fletcher’ tort

Reasoning

  • Rylands v Fletcher tort is a strict liability tort making liable any land owner who stores items of mischief which escape and cause damage to a landowner who suffers damage as a result of that escape if the escape was not caused by an ‘act of God’ or the claimant
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