Cambridge Water Co v Eastern Counties Leather plc
[1994] 2 AC 264
Ratio Decidendi
Liability under the rule in Rylands v Fletcher requires foreseeability of the type of damage. The escape of substances from land does not give rise to strict liability unless the type of harm was foreseeable at the time of the escape.
Fapte
Organochlorine solvents used in a tanning process seeped into the ground over many years and contaminated a borehole used by Cambridge Water for public supply.
Rezumatul hotărârii
The House of Lords held there was no liability because the contamination was not foreseeable at the time the spillages occurred. Lord Goff confirmed that foreseeability of the type of damage is a prerequisite of liability under Rylands v Fletcher.
Citate cheie
"Foreseeability of damage of the relevant type should be regarded as a prerequisite of liability in damages under the rule."
— Lord Goff
Tratament ulterior
Key authority linking Rylands v Fletcher to foreseeability; also important for environmental liability.