The Rule In Rylands V Fletcher As A Panacea For The Control Of Environmental Pollution.
ABSTRACT
Environmental pollution has been a bane to societal development, and its fast rising downwards effect can be felt on a global scale.
The case of Ryland’s v fletcher is one that should be applauded for the decision of the court which vehemently criticized environmental pollution.
This is a step in the right direction, from a vast research, it was gathered that our environment need a high level of protection because the environment is a foundation for every societal growth and development.
Take for example crop yields. The methodology adopted in this work is an analytic enquiry into the multi famous environmental laws we have in the country and how best they have remedied the situation.
Also a board insight was made into the case of Ryland’s v Fletcher and how the decision in that case can be brought to bear in addressing what we have before us.
It was discovered that the laws are there, but a sticker mode of implementation should be adopted for co-operation.
To a successful completion of this work, statutes, case laws, journals, internet sources and a host of other sources form the embellishment of this work.
TABLE OF CONTENTS
Tittle i
Approval ii
Certification iii
Dedication iv
Acknowledgements v
Abstract vi
Table of Contents vii
Table of Cases ix
Table of Statutes x
List of Abbreviations xi
Chapter One:
GENERAL INTRODUCTION
1.1 Background of the Study 1
1.2 Statement of Problem 2
1.3 Purpose of Study 2
1.4 Scope of Study 3
1.5 Significance of Study 3
1.6 Methodology 4
1.7 Definition of Terms 4
Chapter Two:
TORT VIS-À-VIS THE CONTROL OF THE ENVIRONMENTAL POLLUTION.
2.1 Tort of Nuisance: 7
- Tort of Negligence 12
- Comparison of Nuisance and Negligence with Strict Liability with Respect to Control of Environmental Pollution 16
Chapter Three:
THE RULE IN RYLAND’S V FLETCHER
3.1 Decision of the Court 20
3.2 Application of the Rule in Ryland’s v Fletcher 22
3.3 Bringing Things on Land 23
3.4 Escape 29
Chapter Four:
APPLICATION OF THE RULE IN NIGERIA AND SOME SELECTED JURISDICTIONS
4.1 The Rule as Applicable in England 32
4.2 Application of the Rule in Canada 34
4.3 Application of the Rule in India 36
4.4 Application of the Rule in Nigeria 38
4.5 Factors Militating against the Application of the Rule in Environmental Litigation in Nigeria 40
Chapter Five:
CONCLUSION, SUGGESTION AND RECOMMENDATIONS
5.1 Conclusion 44
5.2 Suggestion and Recommendations
BIBLIOGRAPHY
Atsegbua, Environmental Law in Nigeria (Lagos: Ababa Press, 2004)
Fleming J., Law of Torts, 5th edition (Sydney, The Law book Company Limited 1975) p. 322
Kodilinye and O. Aluko, Nigerian Law of Torts (2nd edition; Ibadan: Spectrum Law Publishing, 2004) p. 155.
Ikhide Ehighelua, Environmental Law (Delta State: New pages Law Publishing Co. 2007) p. 35
J.A. Omotola, Environmental Laws in Nigeria (Lagos: Published by Faculty of Law, University of Lagos, 1990) p. 182.
John Cooke, Law of Tort (London: Pitman Publishing, 1994) p. 196.
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