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Law of Tort
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| Submitted: Thu Jul 11 2002
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Law of Tort Module Code: LAW 324 M1 Tutor: Brian Collins Assignment Question: 1 In Rylands v Fletcher (1865) Lord Cairns stated that liability thereunder would only arise when the accumulation amounted to a non-natural use of the land. Explain fully what is meant by this concept and trace its development in case law to the present day. This rule in Rylands v Fletcher originated in the tort of nuisance in the nineteenth century during the industrial revolution. It was based on the principle that if a person purchased land or put his land to use for industrial purposes, and as a result damage was caused to a neighbours land, then the cost of that damage would be borne by the industrialist, without the need for the claimant to prove fault. The essence of the rule is that it is a form of strict liability for the escape of 'things' likely to cause damage, that have...
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