Report No. 85
3.21. English and American law.-
In English law, we have the rule in Rylands v. Fletcher, 1868 LR 3 HL 330, in American law, the principle of liability for ultra-hazardous activities; in French law1, the theorie du resoue cree; in German law, the principle of responsibility for risks.2-3
In some systems, however, it has been very sparingly accepted-for instance, in Roman-Dutch law as applied in South Africa, though apparently not to the same extent in Roman-Dutch law as applied in Sri Lanka4.
1. Planiol Traite Elementaire Du Droit Civil, (3rd Edn., by Ripert, 1949), Vol. 2, pp. 315-317.
2. Jenks Common Law of Mankind, (1958), p. 160.
3. U.K. Foreign Office, Manual of German Law, (1950), Vol. 1, pp. 108, 110.
4. Cf. R.W. Lee Introduction to Roman-Dutch Law, 3rd Edn., 1931, pp. 333-334.