r v f Flashcards
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.
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
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