Date: Sat, 24 Mar 2007 13:11

From: David Cheifetz

Subject: Contributory negligence in strict liability?

In passing, the strict liability basis of the plaintiffs' claims in Cowles was scienter, not Rylands, but that's not germane to the point under discussion.

David

-----Original Message-----
From: J.A. O'Sullivan
Sent: March 24, 2007 8:53 AM
To: Jones, Michael
Subject: Re: ODG: RE: Contributory negligence in strict liability?

Going back to Lionel's original message, isn't it supposed to be impossible to claim for personal injury under Rylands v Fletcher these days, since Cambridge Water decided that the tort is a branch of private nuisance? (I've always thought that, if so, that makes Lord Nicholls' mention in Transco v Stockport of the Aberfan tragedy as an example of an exceptional case deserving of strict liability rather distasteful - Aberfan was exceptional because scores of children died, not because the value of the property was reduced!)

<<<< Previous Message  ~  Index  ~  Next Message >>>>>