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所有案例
Environmental Law
House of Lords
1994

Cambridge Water Co v Eastern Counties Leather plc

[1994] 2 AC 264

判决理由

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.

事实

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.

判决摘要

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.

关键引述

"Foreseeability of damage of the relevant type should be regarded as a prerequisite of liability in damages under the rule."

Lord Goff

后续处理

Good law

Key authority linking Rylands v Fletcher to foreseeability; also important for environmental liability.