Rylands v Fletcher

Revision as of 13:30, 14 August 2024 by Amwelladmin (talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

Rylands v Fletcher [1868] UKHL 1 is, with Donoghue v Stevenson one of the foundational cases in the common law relating to tort.

The Jolly Contrarian Law Reports
Our own, snippy, in-house court reporting service.
Editorial Board of the JCLR: Managing Editor: Lord Justice Cocklecarrot M.R. · General Editor: Sir Jerrold Baxter-Morley, K.C. · Principle witness: Mrs. Pinterman

Common law | Litigation | Contract | Tort |

Click ᐅ to expand:
Tell me more
Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

The defendant, Fletcher, owned a mill and employed a contractor to build a reservoir — dramatic chord — over a disused mine — on their land. The contractors noticed the mines, but continued to work without blocking them up.

The reservoir burst. It leaked into the disused mine. From there it spread to a working mine owned by the claimant who happened to be — dramatic chord — a neighbour by the name of Rylands.

By analogy to the rule relating to domestic animals, Blackburn J thought Fletcher should be responsible for the damage as it was a natural consequence of a propensity of penned water that Fletcher knew about (that it was liable to make things wet if it escaped).