ABSTRACT

This chapter discusses the reason for the creation of the rule and identifies the essential elements that must be proved for a successful claim. It explains what relevant defences may be available and explores the limitations on bringing a claim. The chapter illustrates the wide range of difficulties associated with it and also discusses the law to factual situations and reach conclusions as to liability. The claimant alleged that the tear gas had ‘escaped’ from the defendant’s control on to the claimant’s property and therefore the defendant was liable under Rylands v Fletcher. The claimants took prompt action and sought to recover the cost from the defendants on the basis that the defendants were strictly liable under Rylands v Fletcher. A statute may impose a duty on the defendant to accumulate the thing which has escaped. The defendants constructed an artificial paddling pool by diverting a stream.