Q&A Torts 2013-2014, 10th Edition

10

The Rule in Rylands v Fletcher and Fire

Introduction

Questions on Rylands v Fletcher (1868) are popular with examiners as there are a number of undecided aspects to the rule and because it is very easy to combine a Rylands situation with elements of nuisance, negligence or liability for animals.

Question 30

Delta Manufacturing plc owns and operates a factory situated on an industrial estate on the outskirts of a small town. One day, the environmental control system malfunctioned for some unknown reason and large quantities of toxic fumes were emitted. These fumes damaged paintwork on some houses in the town and some inhabitants also suffered ...