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accident action activity actual animals apportionment assumption of risk Australia authority bailee bailment benefit breach burden C'th causal cause chattel civil claim collision common law compensation Comr conduct contract contributory negligence conversion Corp courts Crim criminal damage dangerous decision defendant defendant's detinue distinction doctrine driver duty duty of care employer escape fact fault favour fire Fletcher foreseeable harm held highway infra intentional interest involved judicial jury justify land law of torts legislation Lord loss merely modern Motor negligence per se nuisance occupier ordinarily owner particular party passenger personal injury plaintiff possession premises principle privilege proof Prosser protection purpose question reasonable recover recovery regarded res ipsa loquitur responsibility Rest result risk rule Rylands safety servant Smith social standard statute statutory strict liability supra tortfeasor Transp trespass trover unreasonable verdict vicarious liability victim Wagon Mound wrong