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Rylands and Fletcher

  • 18-04-2011 10:03pm
    #1
    chunkylover4
    Registered Users, Registered Users 2 Posts: 243 ✭✭


    The development of negligence and nuisance has led to Rylands becoming redundant. Any case which could potentially win would also certainly win in Nuisance or Negligence. Does anyone think the Tort should exist anymore?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    chunkylover4 wrote: »
    The development of negligence and nuisance has led to Rylands becoming redundant. Any case which could potentially win would also certainly win in Nuisance or Negligence. Does anyone think the Tort should exist anymore?

    Ah I love it when college essay time rolls around


  • #3
    chunkylover4
    Registered Users, Registered Users 2 Posts: 243 ✭✭chunkylover4


    No essay, I'm just unusually annoyed by strict liability outside of regulation. I was hoping someone could change my mind.


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    chunkylover4 wrote: »
    No essay, I'm just unusually annoyed by strict liability outside of regulation. I was hoping someone could change my mind.

    Sorry it's just very similar to an essay I once did.


  • #5
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Nuisance has to be repeated so one off escapes from land are not caught. Negligence has foreseeability requirements. Why should the innocent neighbour have to bear the consequences of an incursion just because the damage/escape was not foreseeable? Australia has gone down the negligence route. In the vast majority of cases negligence will be made out.


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