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Rylands v Fletcher, the Glossary

Rylands v Fletcher (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law.^[1]

72 relations: Absolute liability, Ainsworth Mill, Breightmet, Assizes, Bristol riots, British Columbia, Burden of proof (law), Burnie Port Authority v General Jones Pty Ltd, Cambridge Water Co Ltd v Eastern Counties Leather plc, Canada (AG) v Lavell, Canadian Bill of Rights, Canadian Charter of Rights and Freedoms, Car, Charles Cogswell Doe, Civil code, Colin Blackburn, Baron Blackburn, Common law, Constitutional history of Canada, Court of Common Pleas (England), Court of Exchequer Chamber, Duncan McNeill, 1st Baron Colonsay, England and Wales, English tort law, Environmental Protection Act 1990, Ernst v EnCana Corporation, Exchequer of Pleas, George Bramwell, 1st Baron Bramwell, High Court of Australia, Hong Kong, House of Lords, Hugh Cairns, 1st Earl Cairns, Hunter v Canary Wharf Ltd, John Fletcher Moulton, Baron Moulton, John Mellor (judge), Judicial functions of the House of Lords, Lake Peigneur, Law Quarterly Review, Law Reform (Contributory Negligence) Act 1945, Massachusetts Supreme Judicial Court, Mineral rights, Minnesota Supreme Court, Negligence, New Hampshire Supreme Court, New York Court of Appeals, Nicholas Conyngham Tindal, Nickel, Nuisance in English law, Ontario, Oxford University Press, Peter Fraser, Baron Fraser of Carmyllie, Port Colborne, ... Expand index (22 more) »
1860s in the environment
1868 in British law
1868 in case law
Baron Bramwell cases
English nuisance cases
Lord Blackburn cases

Absolute liability

Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions.

See Rylands v Fletcher and Absolute liability

Ainsworth Mill, Breightmet

Ainsworth Mill, Breightmet is a mercerising mill near the Breightmet neighborhood of Bolton, Greater Manchester.

See Rylands v Fletcher and Ainsworth Mill, Breightmet

The assizes, or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court.

See Rylands v Fletcher and Assizes

Bristol riots

The Bristol riots refer to a number of significant riots in the city of Bristol in England.

See Rylands v Fletcher and Bristol riots

British Columbia

British Columbia (commonly abbreviated as BC) is the westernmost province of Canada.

See Rylands v Fletcher and British Columbia

Burden of proof (law)

In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct.

See Rylands v Fletcher and Burden of proof (law)

Burnie Port Authority v General Jones Pty Ltd.

See Rylands v Fletcher and Burnie Port Authority v General Jones Pty Ltd

Cambridge Water Co Ltd v Eastern Counties Leather plc

Cambridge Water Co Ltd v Eastern Counties Leather plc 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher must include a requirement that the damage be foreseeable; it also suggested that Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport Metropolitan Borough Council. Rylands v Fletcher and Cambridge Water Co Ltd v Eastern Counties Leather plc are English tort case law and house of Lords cases.

See Rylands v Fletcher and Cambridge Water Co Ltd v Eastern Counties Leather plc

Canada (AG) v Lavell

Canada (AG) v Lavell, S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the Indian Act did not violate the respondents' right to "equality before the law" under Section 1 (b) of the Canadian Bill of Rights.

See Rylands v Fletcher and Canada (AG) v Lavell

Canadian Bill of Rights

The Canadian Bill of Rights (Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960.

See Rylands v Fletcher and Canadian Bill of Rights

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982.

See Rylands v Fletcher and Canadian Charter of Rights and Freedoms

Car

A car, or an automobile, is a motor vehicle with wheels.

See Rylands v Fletcher and Car

Charles Cogswell Doe

Charles Cogswell Doe (April 11, 1830 – March 9, 1896) was an associate justice of the Supreme Judicial Court of New Hampshire from 1859 to 1874, and then, after a brief period when the court was dissolved to be reorganized as the New Hampshire Supreme Court, as chief justice from 1876 to 1896.

See Rylands v Fletcher and Charles Cogswell Doe

Civil code

A civil code is a codification of private law relating to property, family, and obligations.

See Rylands v Fletcher and Civil code

Colin Blackburn, Baron Blackburn

Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a British lawyer and judge.

See Rylands v Fletcher and Colin Blackburn, Baron Blackburn

Common law

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

See Rylands v Fletcher and Common law

Constitutional history of Canada

The constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain.

See Rylands v Fletcher and Constitutional history of Canada

Court of Common Pleas (England)

The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king.

See Rylands v Fletcher and Court of Common Pleas (England)

Court of Exchequer Chamber

The Court of Exchequer Chamber was an English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875.

See Rylands v Fletcher and Court of Exchequer Chamber

Duncan McNeill, 1st Baron Colonsay

Duncan McNeill, 1st Baron Colonsay FRSE (20 August 1793 – 31 January 1874) was a Scottish advocate, judge and Tory politician.

See Rylands v Fletcher and Duncan McNeill, 1st Baron Colonsay

England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom.

See Rylands v Fletcher and England and Wales

English tort law

English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations.

See Rylands v Fletcher and English tort law

Environmental Protection Act 1990

The Environmental Protection Act 1990 (c. 43) (initialism: EPA) is an Act of the Parliament of the United Kingdom that defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.

See Rylands v Fletcher and Environmental Protection Act 1990

Ernst v EnCana Corporation

Ernst v. EnCana Corporation, 2013 ABQB 537 is a lawsuit by Jessica Ernst against EnCana Corporation, the Energy Resources Conservation Board, and Her Majesty the Queen in Right of Alberta.

See Rylands v Fletcher and Ernst v EnCana Corporation

Exchequer of Pleas

The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales.

See Rylands v Fletcher and Exchequer of Pleas

George Bramwell, 1st Baron Bramwell

George William Wilshere Bramwell, 1st Baron Bramwell, (12 June 1808 – 9 May 1892), was an English judge.

See Rylands v Fletcher and George Bramwell, 1st Baron Bramwell

High Court of Australia

The High Court of Australia is the apex court of the Australian legal system.

See Rylands v Fletcher and High Court of Australia

Hong Kong

Hong Kong is a special administrative region of the People's Republic of China.

See Rylands v Fletcher and Hong Kong

House of Lords

The House of Lords is the upper house of the Parliament of the United Kingdom.

See Rylands v Fletcher and House of Lords

Hugh Cairns, 1st Earl Cairns

Hugh McCalmont Cairns, 1st Earl Cairns (27 December 1819 – 2 April 1885) was an Anglo-Irish statesman who served as Lord High Chancellor of Great Britain during the first two ministries of Benjamin Disraeli.

See Rylands v Fletcher and Hugh Cairns, 1st Earl Cairns

Hunter v Canary Wharf Ltd

Hunter v Canary Wharf Ltd is an English tort law case on the subject of private nuisance. Rylands v Fletcher and Hunter v Canary Wharf Ltd are English nuisance cases, English tort case law and house of Lords cases.

See Rylands v Fletcher and Hunter v Canary Wharf Ltd

John Fletcher Moulton, Baron Moulton

John Fletcher Moulton, Baron Moulton, (18 November 1844 – 9 March 1921) was an English mathematician, barrister, judge and Liberal politician.

See Rylands v Fletcher and John Fletcher Moulton, Baron Moulton

John Mellor (judge)

Sir John Mellor, PC (1 January 1809 – 26 April 1887) was an English judge and Member of Parliament.

See Rylands v Fletcher and John Mellor (judge)

Judicial functions of the House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function.

See Rylands v Fletcher and Judicial functions of the House of Lords

Lake Peigneur

Lake Peigneur (pronounced) is a brackish lake in the U.S. state of Louisiana, north of Delcambre and west of New Iberia, near the northernmost tip of Vermilion Bay.

See Rylands v Fletcher and Lake Peigneur

Law Quarterly Review

The Law Quarterly Review is a peer-reviewed academic journal covering common law throughout the world.

See Rylands v Fletcher and Law Quarterly Review

Law Reform (Contributory Negligence) Act 1945

The Law Reform (Contributory Negligence) Act 1945 (8 & 9 Geo. 6. c. 28) is an Act of Parliament of the United Kingdom, which allows a judge to apportion liability for compensatory damages as he feels to be "just and equitable" between a tortfeasor and an injured person who was partly to blame.

See Rylands v Fletcher and Law Reform (Contributory Negligence) Act 1945

Massachusetts Supreme Judicial Court

The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts.

See Rylands v Fletcher and Massachusetts Supreme Judicial Court

Mineral rights

Mineral rights are property rights to exploit an area for the minerals it harbors.

See Rylands v Fletcher and Mineral rights

Minnesota Supreme Court

The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota.

See Rylands v Fletcher and Minnesota Supreme Court

Negligence

Negligence (Lat. negligentia) is a failure to exercise appropriate care expected to be exercised in similar circumstances.

See Rylands v Fletcher and Negligence

New Hampshire Supreme Court

The New Hampshire Supreme Court is the supreme court of the U.S. state of New Hampshire and sole appellate court of the state.

See Rylands v Fletcher and New Hampshire Supreme Court

New York Court of Appeals

The New York Court of Appeals is the highest court in the Unified Court System of the State of New York.

See Rylands v Fletcher and New York Court of Appeals

Nicholas Conyngham Tindal

Sir Nicolas Conyngham Tindal, PC (12 December 1776 – 6 July 1846) was a celebrated English lawyer who successfully defended the then Queen of the United Kingdom, Caroline of Brunswick, at her trial for adultery in 1820.

See Rylands v Fletcher and Nicholas Conyngham Tindal

Nickel

Nickel is a chemical element; it has symbol Ni and atomic number 28.

See Rylands v Fletcher and Nickel

Nuisance in English law

Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a 's land or his/her use or enjoyment of that land", and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of His Majesty's subjects"; public nuisance is also a crime.

See Rylands v Fletcher and Nuisance in English law

Ontario

Ontario is the southernmost province of Canada.

See Rylands v Fletcher and Ontario

Oxford University Press

Oxford University Press (OUP) is the publishing house of the University of Oxford.

See Rylands v Fletcher and Oxford University Press

Peter Fraser, Baron Fraser of Carmyllie

Peter Lovat Fraser, Baron Fraser of Carmyllie, PC, QC (29 May 1945 – 22 June 2013) was a Scottish politician and advocate.

See Rylands v Fletcher and Peter Fraser, Baron Fraser of Carmyllie

Port Colborne

Port Colborne is a city in Ontario, Canada that is located on Lake Erie, at the southern end of the Welland Canal, in the Niagara Region of Southern Ontario.

See Rylands v Fletcher and Port Colborne

Prima facie

Prima facie is a Latin expression meaning "at first sight", or "based on first impression".

See Rylands v Fletcher and Prima facie

Robert Goff, Baron Goff of Chieveley

Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court.

See Rylands v Fletcher and Robert Goff, Baron Goff of Chieveley

Robert Rolfe, 1st Baron Cranworth

Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician.

See Rylands v Fletcher and Robert Rolfe, 1st Baron Cranworth

Samuel Martin (politician)

Sir Samuel Martin QC (1801 – 9 January 1883) was an Anglo-Irish politician and judge.

See Rylands v Fletcher and Samuel Martin (politician)

Scienter

In law, scienter (Law Latin for "knowingly") is a legal term for intent or knowledge of wrongdoing.

See Rylands v Fletcher and Scienter

Scots law

Scots law is the legal system of Scotland.

See Rylands v Fletcher and Scots law

Sir Frederick Pollock, 1st Baronet

Sir Jonathan Frederick Pollock, 1st Baronet, PC (23 September 1783 – 28 August 1870) was a British lawyer and Tory politician.

See Rylands v Fletcher and Sir Frederick Pollock, 1st Baronet

Smith v. Inco Ltd.

Smith v. Inco Ltd. was a class-action lawsuit in Canada.

See Rylands v Fletcher and Smith v. Inco Ltd.

Strict liability

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

See Rylands v Fletcher and Strict liability

Supreme Court of Canada

The Supreme Court of Canada (SCC; Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada.

See Rylands v Fletcher and Supreme Court of Canada

Supreme Court of New Jersey

The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey.

See Rylands v Fletcher and Supreme Court of New Jersey

Tom Bingham, Baron Bingham of Cornhill

Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010) was a British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord.

See Rylands v Fletcher and Tom Bingham, Baron Bingham of Cornhill

Transco plc v Stockport Metropolitan BC

is an important English tort law case, concerning the rule in Rylands v. Fletcher. Rylands v Fletcher and Transco plc v Stockport Metropolitan BC are English nuisance cases, English tort case law and house of Lords cases.

See Rylands v Fletcher and Transco plc v Stockport Metropolitan BC

Trespass in English law

Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land.

See Rylands v Fletcher and Trespass in English law

Ultrahazardous activity

An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured.

See Rylands v Fletcher and Ultrahazardous activity

References

[1] https://en.wikipedia.org/wiki/Rylands_v_Fletcher

Also known as Fletcher v. Rylands, Rylands v. Fletcher.

, Prima facie, Robert Goff, Baron Goff of Chieveley, Robert Rolfe, 1st Baron Cranworth, Samuel Martin (politician), Scienter, Scots law, Sir Frederick Pollock, 1st Baronet, Smith v. Inco Ltd., Strict liability, Supreme Court of Canada, Supreme Court of New Jersey, Tom Bingham, Baron Bingham of Cornhill, Transco plc v Stockport Metropolitan BC, Trespass in English law, Ultrahazardous activity, United States, United States tort law, University of Chicago Press, University of Dayton School of Law, University of Manchester, Vaughan v Menlove, Vis major.

Rylands v Fletcher, the Glossary

Table of Contents

See also

1860s in the environment

1868 in British law

1868 in case law

Baron Bramwell cases

English nuisance cases

Lord Blackburn cases

References