Rv F Flashcards
Land or personal injury
Land only
Personal injury = negligence or OLA
Actues Reus
D is liable if he bring onto his land, accumulates a dangerous thing in the course of a non natural use of that land and that thing escapes and causes reasonably foreseeable damage
Things needed
Accumulation
Danger thing / likely to cause mischief
Non natural
Escape
Reasonably foreseeable damage
Who can be C
Hunter V Canary Wharf
Own or have legal interests in land
Like renting
Who can be defendant
Read V Lyon’s
D must have some control over the land where accumulation is
Is it strict liability
Yes
Transco
Can a accumulation be from natural substances
No
Giles V walker
Not when weeds spread as they were growing naturally
Can a accumulation be for things that naturally accumulate on the land
No
Giles V walker
Ellison V MOD
Not for weeds
not for rainwater accumulates naturally
Can a accumulation be for things that naturally accumulate on the land
No
Giles V walker
Ellison V MOD
Not for weeds
not for rainwater accumulates naturally
Accumulation case
Dunne V north west had board
Accumulation case
Dunne V north west had board
Accumulation explain
D must have accumulated the offending substance on his land for his own purpose
Dunne V NW gas board
Dangerous thing case
Hale V Jennings
Dangerous thing explain
Accumulation must be dangerous substrnace
“Likely to do mischief if it escapes”
Can fire be a dangerous thing that escapes
Stannard V gore
Fail for only fire
No tyres escape
