 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...  The Pacific Reporter - Page 801910Full view - About this book
 | Reinhard Zimmermann, D. P. Visser - History - 1996 - 1218 pages
...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.' accepted that the notion of 'natural and ordinary user' can be equated with the agricultural exception... | |
 | Sue Elworthy, Jane Holder - Law - 1997 - 532 pages
...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...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.... | |
 | N. C. Dhoundiyal - History - 1997 - 222 pages
...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... | |
 | Thomas Lundmark - Law - 1998 - 264 pages
...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.... | |
 | Griselda Pollock - Architecture - 1998 - 386 pages
...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... | |
 | Laura Westra - Nature - 1998 - 296 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... | |
 | Marie-Louise Larsson - Law - 1999 - 696 pages
...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...the consequence of vis major, or the act of God;" Judge Blackburn stated further in the same passage (emphasis added): "..and it seems but reasonable... | |
 | Carl Meyer - Law - 1998 - 260 pages
...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,... | |
 | Bronwen Manby, Human Rights Watch (Organization) - Political Science - 1999 - 230 pages
...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.... | |
 | Academie de Droit International de la Haye - Law - 1999 - 420 pages
...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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