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Strict liability

Siwon was trespassing on EGG-stream’s property. While walking around, he was finishing a cigarette and intended to dispose of the burning butt in the nearby stream but slipped on some broken glass, cutting himself and dropping the cigarette onto the dry grass he was standing in. The field caught fire and that fire spread to the chicken coops and all of EGG-stream’s chickens were lost. Worse yet, EGG-stream was researching a new product line involving African killer bees. These bees were kept in wooden bee-hives. The fire burned part of the hives allowing the bees to escape. The bees later flew off to a neighboring ranch and stung both cattle and workers on that ranch and killed 100 cows. Then, Frank, the owner of the ranch who lost the 100 cows is suing EGG-stream for $200,000 the value of the cows lost to the killer bees. Can he get it? Is it strict liability for EGG-stream in this situation? :s-smilie:
Original post by zen24
Worse yet, EGG-stream was researching a new product line involving African killer bees. These bees were kept in wooden bee-hives. The fire burned part of the hives allowing the bees to escape. The bees later flew off to a neighboring ranch and stung both cattle and workers on that ranch and killed 100 cows. Then, Frank, the owner of the ranch who lost the 100 cows is suing EGG-stream for $200,000 the value of the cows lost to the killer bees. Can he get it? Is it strict liability for EGG-stream in this situation? :s-smilie:


I assume Frank is claiming under the rule in Rylands v Fletcher?

It's been a while since I looked at any tort but I don't think there is strict liability in the sense that the defendant will be responsible even if the act of a third party caused the escape. From what I remember the unforeseeable act of a third party who the defendant has no control over is a complete defence. Look at Box v Jubb for instance.
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Jordie95
Original post by zen24
Siwon was trespassing on EGG-stream’s property. While walking around, he was finishing a cigarette and intended to dispose of the burning butt in the nearby stream but slipped on some broken glass, cutting himself and dropping the cigarette onto the dry grass he was standing in. The field caught fire and that fire spread to the chicken coops and all of EGG-stream’s chickens were lost. Worse yet, EGG-stream was researching a new product line involving African killer bees. These bees were kept in wooden bee-hives. The fire burned part of the hives allowing the bees to escape. The bees later flew off to a neighboring ranch and stung both cattle and workers on that ranch and killed 100 cows. Then, Frank, the owner of the ranch who lost the 100 cows is suing EGG-stream for $200,000 the value of the cows lost to the killer bees. Can he get it? Is it strict liability for EGG-stream in this situation? :s-smilie:


There's a case called Shah :smile:


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