Liability in tort

...where the elements of fault and damage exist, the law determines
who should bear the financial loss....

There are some principles common to most torts;

some are actionable where there is fault but not always damage

eg; trespass - unwarrantable entry upon land.

libel - defamation in a permanent form (ie;

published)

Gareth Carr BA(Hons) BArch(Hons) RIBA

some are actionable where there is damage but no fault

eg; commercial competition

(ie; damage without legal wrong)

some are actionable where there is no fault but strict liability

ie; liability according to the application of a developed

rule (eg; in Rylands v Fletcher, 1868)

where if the rule is satisfied;

......a defendant is liable independently of wrongful intent or

negligence.

Gareth Carr BA(Hons) BArch(Hons) RIBA

The Rule in Rylands v Fletcher (1868)

The rule resulting from this case consists of the following;

the occupier must have brought something onto his land which is
liable to do mischief if it escapes

there must be an escape

the damage must be the natural consequence of the escape

the use of the land must be unnatural (ie; abnormal or unusual)

........if these requirements are met, strict liability is established.

Gareth Carr BA(Hons) BArch(Hons) RIBA

This rule has been applied to various escapes;

electricity - National Telephone Co, v Baker (1893)

yew trees - Crowhurst v Amersham Burial Board (1878)

wire fencing - Firth v Bowling Iron Co. (1878)

sewage - Jones v Llanrwst U.D.C.(1911)

explosives - Rainham Chemical Works v Belvedere Fish

Guano Co. (1921)

Gareth Carr BA(Hons) BArch(Hons) RIBA

Defences to the rule in Rylands v Fletcher

liability will not result if it is established that the escape was;

due to an act of God (Nichols v Marsland, 1876)

due to an act of a stranger (Rickards v Lothian 1913)

due to default of the plaintiff

with the consent of the plaintiff

due to the involvement of a statutory authority

(ie; some public utilities can escape liability in this regard)

Gareth Carr BA(Hons) BArch(Hons) RIBA