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Liability Risk and Insurance

Rylands v Fletcher strict liability rule

Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a “thing” on to his land which then “escaped”, close attention would have to be given to the precise “thing” which was said to have “escaped” when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.

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