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Between 1835 and 1865 the house of Lords, when hearing an action in torts, was unable to determine whether the tort was in negligence, trespass

Between 1835 and 1865 the house of Lords, when hearing an action in torts, was unable to determine whether the tort was in negligence, trespass or nuisance. As a result, they formulated an entirely new tort, to which they attached strict liability. Discuss the essence of this new tort and name two main defenses to it. Support your answer with at least two authorities.

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