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rylands and fletcher Flashcards

(16 cards)

1
Q

rylands and fletcher

A

hired contractors to create a reservoire - contractors negligent - flooded neigbouring mines-

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2
Q

which lord defined this tort

A

lord cranworth

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3
Q

what is the test that shows potential defendant

A

viscounts simons test in read v lyons

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4
Q

giles v walker

A

weeds naturally occur on land so no liaiblilty

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5
Q

elison v minisry of defence

A

rainwater accumulates naturallt on land so no liability

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6
Q

stannard v gore

A

stored tyres = fire spread - not negligent but strictly liable - in this case storage of hte tyres presented a high risk of sdanger and was non nat;ural usse of hte land- HOWEVER coa disagreed - the thing mu st escape not the fire + not something exeptionally dangerous and was readosbale and irdnary on an industrial esstate

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7
Q

transco v stockport

A

non natural refers to extraordianry and unusual in that time of place - lord bingham

claimants cant claim for perosnal injuries - obiter dicta

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8
Q

rickards v lothian

A

unknown person blocked all the sinks causing a flood - damaged claimant s stocks- defendant wasnot lliable as wrongful act was by a third party and ther use of water in doemestic popes was a natural usse of land

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9
Q

british celanese v hunt

A

stored metal strips used in electrical components - blew off land causing a power outage - use id kand natural as benefit obtained by localpopulation even though badly stord

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10
Q

cambridge water

A

spillages of solvent into soil led to borehole close down - not liable as damge awss too remote - not reasoanbly forseeabke thath spillaese would result in the closing of ht eboehole

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11
Q

peters v prince of wales theatre

A

icy condition let to sprinkler pipe burst - not liable - defence of volenti - when signed lease deemed to have accepted the use of sthe s sprinkler syste and it was equally a benefit for the claimant

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12
Q

nichols v marsland

A

exceptionally heavy rain cuased artificial lakes and waterways belonging tp d flooding and damanging adjoning land - not laoble - defenve og act of god

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13
Q

dunne v north west gas board

A

gas escaped from pipe - travelled along sewer and resulted in series of explosioons - d not liable as had not accumulated gas for their own purposes and instead for a common benefit

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14
Q

miles v forest rock granite

A

naurallt occuring rocks blasted with explosives - explosion escaped not the rock - strictly liable as had brough onto the land the explosives

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15
Q

perry v kenddricls

A

act of a third paerty - kids matches cuased explosion

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