The rule in Rylands v Fletcher1 does not apply where the claimant has expressly or impliedly consented to the defendant's accumulation of the thing which escapes2. In many cases in which this exception operates the thing is kept on premises for the common benefit of the claimant and the defendant and, in some cases, consent and common benefit have been regarded as two separate and independent exceptions to the rule3. However, it seems that the true basis of this exception is consent and that common benefit is only an element in showing implied consent
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
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