not comply with these standards. Having clarified the precise nature and scope of the tort we will then consider to what degree the general claim that the tort is one of strict liability is justifiable. An important aspect of this part of the thesis will be the consideration of the effect which the five defences to the tort and the need for there to be a non natural user of land have on the strictness of liability. Notice will also be taken of the fact that doubts about the strictness of liability in Rylands v Fletcher together with the modern tendency of the tort of negligence to form its basis of liability more on a concept of risk than of fault means that we are moving towards an equation of the two torts.
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