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defences, rylands v fletcher, remedies - Coggle Diagram
defences
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act of a stranger
if a stranger over whom the d has no control has been the cause of the escape causing the damage. Perry v Kendricks transport
common benefit
accumulation is for the benefit of both parties. Petres v prince of whales theater, dume v nw gas board
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rylands v fletcher
non natural use of land
Rickards v Lothian- a tap was left running and the plug holes blocked causing flooding to the D's part of the building. held: water was an ordinary use of land so the claim failed
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Cambridge water v eastern countries leather- d tanned leather. main product used was spilled on the floor and seeped through the floor into the water supply. held: storage of chemicals in a factory was an example of non natural use of land.
escape
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Read v Lyons- c was a munitions inspector, was injured in a munitions factory by an explosion whilst it was being inspected. held: the explosion happened on d's land so there was no escape.
miles v forest rock granite- use of explosives on rocks on the d's land caused rocks to fall onto the highway and injured the claimant. held: d was liable, the explosives were accumulated and caused the rocks to escape.
mischief
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Rylands v Fletcher- water in the reservoir was not itself dangerous, but given the reservoir held 4 million litres of water, it was likely to cause mischief.
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remedies
special damages- where a monetary value can be easily assigned. e.g. quotes for repair, receipts for replacement
general damages- a monetary value cant be easily assigned. e.g. for pain and suffering, loss of amenity, emotional trauma