rylands v fletcher

cud sum1 plz tell me whether in tort in rylands v fletcher, whether the rule covers personal injury and whether the claimant has to have an interest in property in order to bring an action? thank you

Reply 1

Ethereal

Check your Tort textbook

Reply 2

hussan

i've done that already thats y i'm here.its not clear in my book

Reply 3

mooter

hussan

i've done that already thats y i'm here.its not clear in my book

you can not recover for personal injury under rylands. rylands is a strict liability rule that only applies to damage to land. to help you read cases as Read v Lyons, cambridge water case and Transco. although you could always read a few articles and argue that you should be able to recover for personal injury by giving a few reasons supported by academics

Reply 4

mooter

hussan

i've done that already thats y i'm here.its not clear in my book

also look at Hunter v canary wharf for the discussion of the need to have an interest in land.

read F.H Newark " The boundaries of nuisance" (1949)65 LQR 480

Reply 5

hussan

thank you.thats cleared a few misunderstandings up for me.i just couldnt get my head round it. my tutor is also a lawyer but she knows rubbish in class!

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