Dear Colleagues:

 

For those of you interested in Rylands v Fletcher there is an article in the newest issue of the Advocates Quarterly which argues that Baron Bramwell's judgment in that case was misunderstood by subsequent judges and academics as one arguing for strict liability. Instead, the author argues (after an examination of various other Bramwell judgments) that he was arguing for a varying standard of care based on the dangerousness of the situation, see

 

Advocates' Quarterly   (Canada)
  Volume 35, Number 3, April 2009

Searching for a Standard of Care: Another New Interpretation of Rylands v. Fletcher
    Jonah Spiegelman

 

--
Jason Neyers
Associate Professor of Law & 
Cassels Brock LLP Faculty Fellow in Contract Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435