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" We think that 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 in at his peril, and, if he does not do so is prima facie answerable... "
A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of ... - Page 679
by Thomas McIntyre Cooley - 1888 - 899 pages
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Environmental Protection: Text and Materials

Sue Elworthy, Jane Holder - Law - 1997 - 489 pages
...anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which...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;...
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Studies on Kumaun Himalaya

N. C. Dhoundiyal - Kamaun (India) - 1997 - 208 pages
...anything likely to be a mischief of its 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." The three essentials, thus, to be observed in order to constitute strict liability are, firstly, that...
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Common Law Tort & Contract

Thomas Lundmark - Law - 1998 - 200 pages
...anything likely to do mischief if it escapes must keep it in 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. In subsequent decisions, the rule in Rylands v. Fletcher has been expanded beyond its express wording....
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Contaminated Land: Problems and Solutions, Second Edition

Griselda Pollock - Architecture - 1998 - 392 pages
...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. Therefore in order for this principle to apply there must be: 1. non-natural use of the land; 2. an...
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Living in Integrity: A Global Ethic to Restore a Fragmented Earth

Laura Westra - Philosophy - 1998 - 271 pages
...do mischief if it escapes, must keep it in at his own peril; and if he does not do so, is prima fade answerable for all the damage which is the natural consequence of its escape. This judgment became a fundamental rule of law, and it seems to be exceptionally well suited for all...
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The Law of Environmental Damage: Liability and Reparation

Marie-Louise Larsson - Law - 1999 - 681 pages
...anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, he is prima facie answerable for all the damage which...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;"...
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Expert Witnessing: Explaining and Understanding Science

Carl Meyer - Law - 1998 - 256 pages
...anything likely to do mischief if it escapes, must keep it in 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. ...And upon authority, this we think is established to be the law whether the thing so brought be beasts,...
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The Price of Oil: Corporate Responsibility and Human Rights Violations in ...

Bronwen Manby, Human Rights Watch (Organization) - Human rights - 1999 - 202 pages
...in the course of a "non-natural" use of the land, something "likely to do mischief if it escapes ... is prima facie answerable for all the damage which is the natural consequence of its escape."" ' The Nigerian courts have held that crude oil can (though does not always) fall into this category....
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Les droits de l'enfant dans les conventions internationales et les solutions ...

Academie de Droit International de la Haye - Law - 1999 - 416 pages
...anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape"38. In the formulation and wording of the rule it becomes obvious that the widespread category...
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The Law of Watercourses

Joseph K. Angell - Law - 2000 - 424 pages
...likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is primd facie answerable for all the damage which is the natural...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....
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