The Student Room Group

Rylands v Fletcher Vs Tort of Nuisance

I understand the tort of nuisance and the escape of dangerous things separately but I struggle to know when to apply which one. I would always go to apply nuisance unless it's a very obvious case example. Is there any clear way to distinguish between which of the two I should use?
Reply 1
Quite often, the question will tell you. However, Rylands is specifically damage caused by escape of dangerous substances from land, whereas private nuisance can simply be an interference with the use/enjoyment of land. Also, unlike private nuisance, there isn't any requirement for Rylands torts to be foreseeable!

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