Justice Blackburns rule in Rylands vs. Fletcher Assignment

Justice Blackburns rule in Rylands vs. Fletcher - Assignment Example A few days after the completion of the reservoir, water from the same flooded into Person Y’s land despite there being no unusual rainfall or flooding. The case went through various stages of the court system and ended up before the Court of Appeal, being the Exchequer Chamber of six judges, in 1866. There Justice Colin Blackburn stated the following which has now come to be referred to as â€Å"Justice Blackburn’s rule in Rylands vs. Fletcher†. "The true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the Plaintiff’s default; or perhaps, that the escape was the consequence of vis major or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient." It should be noted that Justice Blackburn’s rule was accepted with a slight modification by the House of Lords. The House of Lords imposed a restriction on the rule by stating that it is applicable to "nonnatural" use of the defendants land, as distinguished from "any purpose for which it might in the ordinary course of the enjoyment of land be used." A creditor can institute an action in the county court for the amount due to him by the debtor. If the amount is paid the debtor can avoid the judgment being given against him. A claim form is sent by the creditor to the debtor stating the claim that he has against him. If the debtor pays the debt in full along with interest and court fees, a CCJ is not issued and a court hearing avoided. On the other hand, if he wishes to pay later or in installments the debtor should fill in the form stating how he wishes to pay the debt – a CCJ will, however, be issued in this instance.