Fire escape

Question 1

Goldman v Hargrave

Answer 1

Lightening. Cuts down tree but leaves fire.

=measured duty of care PN (Hand formula)
Reasonable person would put it out

Question 2

Stannard Tyres

Answer 2

Storing tyres (combustable material), fire breaks out.
At CA, Rylands claim fails, Ward LJ test for Rylands:

1) D must own/occupy the land
2) Collect exceptionally dangerous thing
3) Exceptionally high risk of danger (regardless of probability of escape)
4) Extraordinary use of land re: time and place
5) Goes from D property to C
6) Damage to enjoyment and rights of C’s land
7) No personal injury claims
8) Relevant defences

Held: tyres are not dangerous, and not them that escaped

Restrictive gloss on fire cases for Rylands