Explain the exceptions to the rule of strict liability under Law of Torts.
Question
Explain the exceptions to the rule of strict liability under Law of Torts.
Solution
The rule of strict liability, also known as the rule in Rylands v Fletcher, states that a person who keeps hazardous substances on his/her premises will be liable for any damage caused if such substances escape, regardless of whether the person was negligent or not. However, there are several exceptions to this rule:
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Act of God: This refers to natural disasters or other events that are beyond human control. If the escape of the hazardous substance was caused by an unforeseen, unpreventable natural event, such as a flood or earthquake, the person may not be held liable.
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Consent of the Plaintiff: If the plaintiff has given consent to the presence of the hazardous substance, then the defendant may not be held liable for any damage caused by its escape.
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Common Benefit: If the hazardous substance was kept for the common benefit of both the plaintiff and the defendant, then the defendant may not be held liable for its escape.
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Statutory Authority: If the defendant was acting under the authority of a statute or law when the hazardous substance escaped, then they may not be held liable.
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Act of a Stranger: If the escape of the hazardous substance was caused by the actions of a third party or stranger over whom the defendant had no control, then the defendant may not be held liable.
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Plaintiff's Own Fault: If the escape of the hazardous substance was due to the plaintiff's own fault, then the defendant may not be held liable.
These exceptions provide a balance between the need to hold people accountable for the risks they create and the recognition that not all risks can be controlled.
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