IN RYLANDS v FLETCHER (1866)
occupier of land who brings or keeps upon it anything liable to do
damage if it escapes, is bound at his peril to prevent its escape and
is liable for all the natural and probable consequences of its escape
even if the occupier has not been negligent. The rule only applies so
as to make liability absolute where bringing the deleterious thing
onto the land or keeping it there is a non natural use of the land.
to the rule are:
naturally on the land
- consent of the
plaintiff or default of the plaintiff.
- damage caused
by the act of strangers, or god.
- the defendant
acting in pursuance of a legal duty or exercising statutory power.