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Report No. 85

3.13. Common Law.-

To revert to the question of liability, at common law, strict liability existed only in a few special cases, for instance, with respect to the maintenance of dangerous animals, for defamation and under the rule in Rylands v. Fletcher, 1868 LR 3 HL 330. In addition, a rebuttable presumption (known as the doctrine of res ipsa loquitur) deduced fault or negligence from the nature of the thing or act itself, such as defective construction or negligent use.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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