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Unformatted text preview: Often affected by custom (e.g., fencing in; fencing out) 1 Abnormally dangerous activities Rylands v. Fletcher – 1868 Blackburn – liability for anything likely to do mischief that is brought on land that escapes Cairns – liability for unnatural use of land (based on custom) Restatement factors often used in different states – usually requires more than one factor (but not all) High degree of risk of harm to person, land or chattels of others. Likelihood that resulting harm will be great. Inability to eliminate risk by exercise of reasonable care. Extent that activity is not a matter of common usage. Inappropriateness of activity to place where it is carried on. Extent to which value to community is outweighed by its dangerous attributes. 2/25/09 2...
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- Spring '11
- Social Justice, Rylands, Laura Rothstein