Exceptionally dangerous
Murdoch, J.
Exceptionally dangerous - 2004 - Estates Gazette (0402) 10 January 2004, 91(1) ENDS Report 347 December 2003, 65-66(2) .
Discusses "Transco plc v Stockport MBC" ([2003] UKHL 61, Abs67286) in which the HL upheld the principle of strict liability for the escape of dangerous things as established in "Rylands v Fletcher"([1868] LR 3 HL 330). It is noted that strict liability in this context should only be where the use of land creates an exceptional risk.
TRANSCO PLC V STOCKPORT MBC
RYLANDS V FLETCHER
STRICT LIABILITY
NUISANCE
NEGLIGENCE
LEAKAGE
SUBSIDENCE
WATER PIPES
Exceptionally dangerous - 2004 - Estates Gazette (0402) 10 January 2004, 91(1) ENDS Report 347 December 2003, 65-66(2) .
Discusses "Transco plc v Stockport MBC" ([2003] UKHL 61, Abs67286) in which the HL upheld the principle of strict liability for the escape of dangerous things as established in "Rylands v Fletcher"([1868] LR 3 HL 330). It is noted that strict liability in this context should only be where the use of land creates an exceptional risk.
TRANSCO PLC V STOCKPORT MBC
RYLANDS V FLETCHER
STRICT LIABILITY
NUISANCE
NEGLIGENCE
LEAKAGE
SUBSIDENCE
WATER PIPES