Tort Law Foundations – Strict Liability, Negligence & Historical Writs

These vocabulary flashcards cover key cases, legal doctrines, historical developments and important judicial figures from the lecture notes on strict liability, Rylands v Fletcher, the evolution of negligence, and the transition from the writ system to modern tort law.

Rylands v Fletcher (1868)

Landmark case establishing strict liability when a non-natural use of land allows a dangerous thing to escape and cause foreseeable damage.

Rule in Rylands v Fletcher

A person who brings, collects and keeps anything likely to do mischief if it escapes must keep it at their peril; otherwise they are prima facie liable for resulting harm.

Non-natural Use of Land

An unusual, special or extraordinary use (e.g., an artificial reservoir) that increases risk beyond ordinary or common land use.

Strict Liability (Tort)

Liability imposed without proof of negligence or intent, based solely on the creation of a hazardous situation.

Act of God Defence

A defence to strict liability where an extraordinary, unforeseeable natural event breaks the chain of causation.

Plaintiff’s Fault Defence

A defence reducing or eliminating liability when the claimant’s own actions contributed to the damage.

Statutory Authority Defence

Protection from tort liability when the defendant’s act was expressly authorised by legislation.

Justice Blackburn’s Principle

Formulated the strict-liability wording later affirmed in the House of Lords for Rylands v Fletcher.

Lord Cairns’ Reasoning

Emphasised that artificial accumulations (not natural flow) create liability, independent of the defendant’s knowledge or care.

Donoghue v Stevenson (1932)

Case that created the modern law of negligence and the ‘neighbour principle’ for duty of care.

Neighbour Principle

You must take reasonable care to avoid acts or omissions you can reasonably foresee would injure people closely and directly affected by your conduct.

Privity of Contract

Doctrine that liability in contract arises only between parties in a direct contractual relationship.

Winterbottom v Wright (1842)

Early case denying duty of care in negligence where no privity of contract existed.

Heaven v Pender (1883)

Brett MR’s unsuccessful attempt to articulate a broad general duty of care before Donoghue.

George v Skivington (1869)

Nineteenth-century case giving limited support to consumer protection for dangerous products.

Mullen v Barr (1929)

Scottish ‘mouse in ginger beer’ case where the consumer’s claim failed—precursor to Donoghue.

Grant v Australian Knitting Mills (1935)

Privy Council decision applying Donoghue in Australia; involved dermatitis from defective underwear.

Candler v Crane (1951)

Denning LJ’s dissent advocating liability for negligent misstatement.

Hedley Byrne v Heller (1964)

House of Lords case recognising a duty of care for economic loss caused by negligent misstatements.

Negligent Misstatement

Liability for financial loss resulting from careless provision of information or advice in circumstances of reliance.

Duty of Care

Legal obligation to conform to a standard of conduct to protect others from unreasonable risk.

Breach (Negligence Element)

Failure to meet the required standard of care owed to the plaintiff.

Causation

Link between the defendant’s breach and the plaintiff’s damage, often assessed using ‘but for’ and remoteness tests.

Damage (Negligence Element)

Actual harm—physical, property, or financial—suffered by the plaintiff as a result of the defendant’s breach.

Trespass Writ

Medieval common-law action for direct, immediate, forcible injuries to person or property.

Trespass on the Case

Flexible writ for indirect or consequential harms; evolved into modern negligence actions.

Direct Harm

Damage occurring immediately from the defendant’s act, traditionally actionable in trespass.

Indirect (Consequential) Harm

Damage arising later or through intervening factors; historically sued under the writ of case.

Scott v Shepherd (1773)

‘Squib case’ that blurred the line between direct and indirect harm by passing a lit firework through successive hands.

Writ System

Pre-nineteenth-century procedural framework requiring specific forms (trespass, case, etc.) to bring tort actions.

Fault-Based Liability

Tort responsibility predicated on proving negligence or intent rather than merely the outcome.

Strict Liability vs Fault Debate

Historical dispute over whether early tort law imposed liability automatically or only on proof of wrongdoing.

Oliver Wendell Holmes Jr.

American jurist who argued, in ‘The Common Law’ (1881), that negligence principles underpinned early tort law.

Quarterstaff Example

Hypothetical medieval scenario illustrating how everyday tools could become weapons, complicating liability.

Feudal Intimidation

Historical practice where powerful lords could influence court outcomes by appearing with armed retainers.

Judicial Incentives

Economic reasons (court fees, judges’ income) that encouraged expansion of tort jurisdiction.

Legal Fiction

Judicially created assumption of fact or law used to extend jurisdiction or achieve equitable outcomes.

Industrialisation’s Impact on Tort

Growth of negligence doctrine to address mass accidents and industrial harms in the 19th century.

Neighbour (in Tort)

Person closely and directly affected by one’s actions, per Lord Atkin’s definition.

Dangerous Thing (Rylands Element)

Substance or object likely to cause mischief if it escapes (e.g., large volume of water, chemicals).

Escape (Rylands Element)

Movement of the dangerous thing from the defendant’s property to another’s, causing damage.

Reservoir Burst (Rylands Facts)

Failure of an artificial embankment that released accumulated water into neighbouring mine shafts.

Decomposed Snail Incident

Factual trigger in Donoghue where a dead snail in ginger beer allegedly caused illness, highlighting product liability.

Manufacturer’s Duty

Obligation on producers to exercise reasonable care so that products reaching consumers are safe.

Foreseeability

Ability to predict or anticipate that certain actions could cause harm; central to duty and remoteness analysis.

Non-Immediate Injury

Harm manifesting after a delay, traditionally actionable in ‘case’ rather than trespass.

Legal Legacy of Donoghue

Foundation of modern negligence, removal of privity barrier, and expansion to varied duty contexts.

Modern Negligence Doctrine

Unified tort framework based on duty, breach, causation and damage, replacing writ formalism.

Economic Loss Duty

Circumstances where a defendant owes care to avoid causing purely financial damage, as in Hedley Byrne.

“The Diamond Snail” Article

David Ash’s 2006/07 Bar News commentary on Rylands and strict liability’s ongoing influence.

Act of Bringing onto Land

Initial requirement in Rylands: defendant must voluntarily introduce the hazardous object/substance.

Unified Negligence Framework

Modern tort structure analysing substantive behaviour rather than procedural writ categories.

Trespass vs Case Distinction

Historical separation between actions for direct versus indirect harm, later merged into negligence law.

Product Liability Duty

Responsibility of manufacturers and suppliers to prevent harm from defective goods reaching consumers.

Lord Atkin

House of Lords judge who crafted the neighbour principle in Donoghue v Stevenson.

Lord Macmillan

Judge who declared ‘the categories of negligence are never closed,’ supporting legal adaptability.