Peters v Prince of Wales Theatre [1943] KB 73

The claimant leased a shop adjacent to a theatre from the defendant, the owner of the theatre. The claimant’s shop sustained flood damage when pipes from the theatre’s sprinkler system burst due to icy weather conditions. The claimant brought an action based on liability under Rylands v Fletcher.

Held:

The defendant was not liable. The sprinkler system was equally for the benefit of the claimant and the claimant was deemed to have consented to the use of the sprinkler system since it had been installed prior to him obtaining the lease.

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