Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.
Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of UK Essays.
If you would like to view samples of the work produced by our academic writers please click here.
Liability For Fire
AT COMMON LAW
A person will be liable for damage done by fire in three situations. That is, if the damage was caused:
- by negligence; or
- by the escape, without negligence, of a fire which was brought into existence by some non-natural user of the land. This principle is not exactly that of Rylands v Fletcher.
The defendant will be liable if:
- he brought on to his land things likely to catch fire, and kept them there in such conditions that, if they did ignite, the fire would be likely to spread to the plaintiff’s land;
- he did so in the course of some non-natural use; and
- the thing ignited and the fire spread
Section 86 of the Fires Prevention (Metropolis) Act 1774 modifies the common law. It provides:
“And no action, suit or process whatever shall be had, maintained or prosecuted against any person in whose house, chamber, stable, barn or other building, or on whose estate any fire shall … accidentally begin, nor shall any recompence be made by such person for any damage suffered thereby, any law, usage or custom to the contrary notwithstanding; … “
However, s86 has been interpreted restrictively and a fire will not be.accidental if it was started negligently or due to a nuisance. Relevant cases include:
Musgrove v Pandellis  2 KB 43
Related ServicesView all
DMCA / Removal Request
If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.