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STRICT LIABILITY (Defences (Consent of the plaintiff (Sheikh Amin bin…
STRICT LIABILITY
Defences
Consent of the plaintiff
Sheikh Amin bin Salleh v Chop Hup Seng : The plaintiff assented the use of the premise as a bakery. Defendant could not held liable for the damage of the houses caused by fire.
Common benefit
Carstairs v Taylor : Although the method in which water was disposed of was dangerous, the defendant was not liable as the act was done for the common benefit of both parties.
Act of third party
Rickards v Lothian : A third party deliberately blocked the waste-pipe of a lavatory basin and thereafter turned on the water tap. The water overflowed and damaged the plaintiff's property.
H: The defendant was not liable as it was not by his act.
Act of God
AG v Cory Brothers Ltd : An artificial danger which escaped through natural causes was no excuse to the person who brought the artificial danger there in the first place.
Plaintiff's default
Ponting Noakes : The defendant was not liable under the rule as it was the default of the plaintiff when his horse reached its head into the defendant's land to eat the poisonous land.
Statutory Authority
Green v Chelsea Waterworks : Defendant was not liable under the rule as even though the water-main flooded the plaintiff's premise, the defendant was obliged by the statute to maintain a water supply and occasional burst were inevitable.
Definition
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RYLANDS V FLETCHER
The defendant employed some independent contractors to build a reservoir. The defendant did not know the existence of the ironshaft that were connected to the plaintiff's mine and the contractors were negligent in not blocking the shafts. The plaintiff's mine was flooded when the reservoir was filled with water.
H: The defendant was liable to the plaintiff although no fault at his default.
Escape
Escape from a place where the defendant has occupation or control over land to a place which is outside his occupation or control
Read v J Lyons & Co Ltd : An inspector of munitions was injured when a shell that was being manufactured at the defendant's factory exploded and caused her substantial injuries. H: The defendants were not liable as there was no escape.
Accumulation
The defendant must bring something onto his land for his own purpose that does not naturally occur there.
Crowhurst v Amersham Burial Board : The defendant liable under the rule for the death of the plaintff's cattle upon
eating the leaves of a yew tree, which was intentionally planted and accumulated by the defendant.
Foreseeability of Damage
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Cambridge Water Co Ltd v Eastern Counties Leather : The defendant was not liable as it was not foreseeable for the defendant that the chemical would seep through the concrete floor and damage the plaintiff's water supply
Likely to cause mischief
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Hale v Jennings : The proprietor of a chair O' plane was liable for the escape of a chair caused by a passenger tempering with it which cause the plaintiff to suffer injury.
Non- natural use of land
Where upon the bringing or accumulating of the thing onto his land, the defendant makes a non- natural use of the land.
Cambridge Water Co v Eastern Counties Leather : Court of Appeal stated that the damage was too remote and the claim failed. The storage of chemicals on industrial land was a non- natural use.