The Basis of Liability in Nuisance

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Abstract

The confusion in the law of Scotland as to the legal basis of liability in nuisance was resolved in 1985 in RHM Bakeries v. Strathclyde Regional Council where the House of Lords decided that fault was the proper basis of liability and rejected the incorporation of strict Reynolds v. Fletcher liability into Scots law. Elspeth Reid analyses subsequent developments in the light of the recent case of Kennedy v. Glenbelle.

Original languageEnglish
Pages (from-to)162-75
JournalJuridical Review
Issue number3
Publication statusPublished - 1997

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