ABSTRACT
The rule in Rylands v Fletcher (1868) is a rule of strict liability, that is, it does not require proof of negligence or lack of care, or wrongful intention, on the part of the defendant. Actual damage must be proved, however; it is not a tort that is actionable per se. The original statement The rule was originally formulated by Blackburn J in Rylands v Fletcher in the following terms:
This was approved by the House of Lords, and the condition that there must be a ‘non-natural user’ was added by Lord Cairns. Limits of the rule These may be summarised as follows:
There must have been an escape of something ‘likely to do mischief’.
