What is the test for liability for breach of the rule in Rylands v Fletcher v Fletcher?
Nova Scotia, Canada
The following excerpt is from Muirhead v. MacKenzie, 2021 NSSM 34 (CanLII):
Liability for breach of the rule in Rylands v. Fletcher is usually described as strict; that is to say it is no defence that what escaped and caused damage did so without a Defendant’s neglect. But some defences may be available, (e.g. act of a stranger; “act of God”; acquiescence of the plaintiff, to name some).
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