153. Consent and common benefit.

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