"the rule in Rylands v Fletcher has no place in modern tort law. it is both unfair and wrong to impose strict liability in tort"- discuss

Question 1

what do you need to cover

Answer 1

1. all the rules and cases and principles
2. evaluate the law

Question 2

1. strict liability evaluation

Answer 2

• The application of SL is contentious because it looks at the harmful result rather than the kind of conduct- very different from traditional negligence
• restrictive approach

Question 3

2. Rylands v Fletcher actual case evaluation

Answer 3

• blackburn LJ “the person must keep a dangerous thing at his peril’
• it seems fair that the defenant ought to be s

Question 4

giles v walker- non-natural evaluation

Answer 4

• unfair on the claimant where the defendant does not do anything about dangerous things that are naturally accumulating on the land