Rylands & Flecther :) Flashcards
1
Q
ELEMENTS OF THE STRICT LIABILITY LAND- BASED TORT????
A
1) Non-natural use (which was extraordinary & unusual)
2) Escape (which was out of control)
3) Damages (which were foreseeable)
- It is a sub tort of NUISANCE!!!!!
2
Q
1) NON NATURAL USE OF LAND
A
- Mase v. Levy Auto Parts of England
- Rickards v LOTHIANNNN
L
O
T
H
I
A
N
3
Q
2) ESCAPE:
A
- Read v. Lyons
- Cambridge Water v. Eastern Counties
4
Q
DEFENCES???
A
1) Act of a Stranger:
- Rickards v. Lothian
2) Act of God:
- Superquinn Ltd v. Bray Urban
3) Consent:
- Kiddle v. City Business Premises Ltd
4) Default of P:
- Dunn v. Birmingham
