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STRICT LIABILITY (THE RULE IN RYLANDS V FLETCHER) (ELEMENTS (NON-NATURAL…
STRICT LIABILITY
(THE RULE IN RYLANDS V FLETCHER)
ELEMENTS
ACCUMULATION
BRING ON HIS LAND AND COLLECTS AND KEEPS
DOES NOT APPLY TO THINGS NATURALLY ON THE LAND
-GILES v WALKER
FOR HIS OWN PURPOSE
LIKELY TO DO MISCHIEF
LIKELY TO DO DAMAGE
ANG HOK TAI v TAN SUM LEE
ESCAPE
ESCAPE FROM A PLACE WHERE THE DEFENDANT HAS OCCUPATION OR CONTROL OVER LAND TO A PLACE WHICH IS OUTSIDE HIS OCCUPATION OR CONTROL
ESCAPE FROM THE PLACE IN WHICH THE DANGEROUS OBJECT HAS BEEN MAINTAINED BY THE DEFENDANT TO SOME PLACE NOT SUBJECT TO HIS CONTROL.
READ v LYON
NON-NATURAL USER
IT MUST BE SOME SPECIAL USE BRINGING WITH IT INCREASED DANGER TO OTHERS AND IT MUST NOT MERELY BE THE ORDINARY USE OF LAND OR SUCH A USE AS IS PROPER FOR THE GENERAL BENEFIT OF THE COMMUNITY.
ALL THE CIRCUMSTANCES OF TIME AND PRACTICE OF MANKIND MUST BE TAKEN INTO CONSIDERATION SO THAT WHAT MAY BE REGARDED AS DANGEROUS OR NON-NATURAL MAY VARY ACCORDING TO CIRCUMSTANCES.
-CAMBRIDGE WATER v EASTERN COUNTIES LEATHER PLC
RICKARDS v LOTHIAN
FORESEEABILITY OF DAMAGE
CAMBRIDGE WATER v EASTERN COUNTIES LEATHER PLC
LEMBAGA KEMAJUAN TANAH PERSEKUTUAN v TENAGA NASIONAL BHD
THE RULE OF LAW IS THAT THE PERSON WHO FOR HIS OWN PURPOSE BRINGS ON HIS LAND AND COLLECTS AND KEEPS THERE ANYTHING LIKE TO DO MISCHIEF IF IT ESCAPES, MUST KEEP IT IN AT HIS PERIL, AND IF HE DOES NOT DO SO, IS PRIMA FACIE ANSWERABLE FOR ALL THE DAMAGE WHICH IS THE NATURAL CONSEQUENCE OF ITS ESCAPE
DEFENCES
CONSENT OF PLAINTIFF
COMMON BENEFIT
ACT OF STRANGER
RICKARDS v LOTHIAN
ACT OF GOD
NICHOLAS v MARSLAND
DEFAULT OF PLAINTIFF
PONTING v NOAKES
STATUTORY AUTHORITY
GREEN v CHELSEA WATERWORKS CO
WHO MAY SUE?
ANYONE MAY MAINTAIN A CLAIM AND A PERSON NEED NOT HAVE AN INTEREST IN LAND TO INSTITUTION AN ACTION
WHO MAY BE SUED?
PERSON RESPONSIBLE FOR ACCUMULATION
DAMAGES
DAMAGES TO LAND
ECONOMIC LOSS
PERSONAL INJURIES