Foundations of Modern Tort Law: Strict Liability, Negligence & Historical Development

What was the key factual event that triggered the lawsuit in Rylands v Fletcher?

A reservoir built by the defendants burst through unknown mine shafts and flooded the plaintiff’s adjoining mine.

Under the rule in Rylands v Fletcher, when is a defendant strictly liable?

When they bring onto their land a dangerous thing likely to do mischief if it escapes, the use is non-natural, it actually escapes, and it causes damage.

Does negligence need to be proven for liability under Rylands v Fletcher?

No. The tort imposes strict liability regardless of negligence.

Give two defences recognised (though not applied) in Rylands v Fletcher.

Act of God (extraordinary, unforeseeable natural event) and the plaintiff’s own fault.

Why did the House of Lords classify the reservoir as a "non-natural" use of land?

Because it was an artificial, large accumulation of water not naturally found on the land, creating an unusual risk.

Which judge authored the famous strict-liability rule quoted in Rylands v Fletcher?

Blackburn J (later approved by the House of Lords).

How did Lord Cairns summarise the defendants’ responsibility in Rylands v Fletcher?

Since they introduced a potentially hazardous substance onto their land, they had to ensure it did not escape.

Name one modern doctrinal area influenced by Rylands v Fletcher.

Environmental liability or industrial nuisance.

Before 1932, why was it hard to sue a manufacturer for negligence?

Common law generally required privity of contract; without a direct contractual relationship, no duty was recognised (Winterbottom v Wright).

What factual scenario gave rise to Donoghue v Stevenson?

Mrs Donoghue drank ginger beer from an opaque bottle and a decomposed snail emerged, causing her illness.

Against whom did Mrs Donoghue bring her claim and on what basis?

Against the manufacturer (Stevenson) on the basis of negligence, not contract.

State Lord Atkin’s famous "Neighbour Principle".

You must take reasonable care to avoid acts or omissions you can reasonably foresee might injure your neighbour—anyone closely and directly affected by your actions.

How did Lord Macmillan describe the scope of negligence?

"The categories of negligence are never closed."

Which two Law Lords dissented in Donoghue v Stevenson?

Lord Tomlin and Lord Buckmaster.

Why did Lord Tomlin dissent in Donoghue v Stevenson?

He feared an unlimited expansion of liability without clear precedent.

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