r v f Flashcards

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1
Q

how is something established as a r v f

A

the rule
something must have been collected and kept on the land, the use of the land must be non- natural, the thing brought onto the land must be likely to do mischief if it escaped and lastly the thing must have escaped and caused damage.

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2
Q

pros

A
  • can lead to improvementes i health and safety - transco v borough council natural gas escaped pipe, pipes were improved as a result
  • changed on a case by case basis so could be considered more up to date - hale v jennings , caused fire using blow torch tis case made the tort base its result on the facts of the case
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3
Q

cons

A
  • changed to much eg wordng forseability defences rickards v lothein blocking taps was natural use of land
  • mixture of different torts no need for it - miles v forest granite
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