What concept from Rylands v Fletcher was incorporated in the judgment of Cambridge Water regarding damages?

The principle that foreseeability of damage is essential for liability, as established in Rylands v Fletcher, significantly influenced the judgment in Cambridge Water. In Cambridge Water, the court focused on whether the damage that occurred was foreseeable when the actions leading to the nuisance were taken. The decision highlighted that for a claimant to succeed in a nuisance claim, it must be shown that the type of damage that occurred was a reasonably foreseeable consequence of the defendant's actions.

This focus on foreseeability helps to delineate the boundaries of liability, ensuring that defendants are not held responsible for damages that could not have been anticipated based on the circumstances at the time their actions were taken. The underlying rationale is to strike a balance between holding individuals accountable for their actions while also ensuring that the liability does not extend too far, particularly for damages that were not predictable.

In contrast, the other options do not reflect the principles underscored in the Cambridge Water case. The emphasis was not on intentional conduct, compensation being limited to physical injuries, or the requirement for a history of similar conduct by the defendant, but rather on the foreseeability aspect that links the defendant’s actions to the damages incurred.