Home › CS Executive › jurisprudence › Law of Torts › The rule of strict liability laid down in *Rylan…
The rule of strict liability laid down in *Rylands v. Fletcher* (1868) L.R. 3 H.L. 330 has two essential conditions. Which combination correctly identifies them, per *Read v. Lyons*?
Answer & Solution
Correct answer: A.
1. ***Rylands v. Fletcher*** held that a person who **brings on his land and collects anything likely to do mischief if it escapes must keep it at his peril**, and if it escapes and causes damage, he is *prima facie* answerable.
2. ***Read v. Lyons (1946)*** clarified the two essential conditions:
3. (i) **ESCAPE** — escape from a place of which the defendant has occupation or control to a place outside his occupation or control; AND
4. (ii) **NON-NATURAL USE of land** — the defendant must have made a non-natural use of the land.
5. If either condition is absent, the rule of strict liability will not apply. The rule is independent of negligence — even careful conduct does not exonerate.
_Source: ICSI CS Executive — Lesson 6, 'Rule in Rylands v. Fletcher' + 'Read v. Lyons', pp. 138-139._
Related questions
Which of the following correctly distinguishes 'strict liability' from 'absolute liabilityUnder Indian law, the position on the State's liability in tort prior to the Constitution An employer is generally NOT liable for the torts of an independent contractor. However, IWhich Latin maxim, traceable to the law of torts, is the general principle on the role of The tort of 'false imprisonment' consists in:In *Jay Laxmi Salt Works (P) Ltd. v. State of Gujarat, 1994 SCC (4) 1, JT 1994 (3) 492*, tStrict liability under the rule in *Rylands v. Fletcher* requires the defendant to have maThe Crown Proceedings Act, 1947 of England substantially altered the position on the Crown