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Perry v Kendricks

[1956] 1 WLR 85

Case summary last updated at 19/01/2020 17:56 by the Oxbridge Notes in-house law team.

Judgement for the case Perry v Kendricks

D kept a petrol tank on his land an the cap had been unscrewed by someone earlier on. Some children threw a match into it and were injured in the explosion. CA held that this was an example of the exception to the Rylands rule operating, although there was no reason not to apply Rylands to personal injury. 
 
Singleton LJ: “If the mischievous, deliberate and conscious act of a stranger causes the damage, the occupier can escape liability; he is absolved.” Here both the unscrewing of the cap and the throwing of the match were both done by strangers. Hence only an ordinary duty could apply, and here there was no negligence. 

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