Land Tort Elements: Liability and Defenses

Slide Note
Embed
Share

Key elements of tort law related to bringing onto land, foreseeability of mischief, requirement of escape, non-natural use, defenses like statutory authority and consent, as well as exemptions such as acts of God are explored through case law examples like Giles v. Walker and Rylands v. Fletcher.


Uploaded on Sep 13, 2024 | 0 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript


  1. Elements of the tort Bringing on to land and keeping there Giles v Walker [1890] 24 QBD 656 Leakey v The National Trust [1980] QB 485

  2. Something likely to do mischief if it escapes Rylands v Fletcher [1868] LR 1 Exch 265; LR 3 HL 330 foreseeability Cambridge Water v Eastern Counties Leather [1994] 2 WLR 53 Transco plc v Stockport Metropolitan Council [2003] UKHL 61

  3. The thing must escape Read v J Lyons & Co Ltd [1947] AC 156 Miles v Forest Rock Granite Co (Leicestershire) Ltd [1918] 34 TLR 500

  4. Non- natural use Rickards v Lothian [1913] AC 280 British Celanese v A H Hunt (Capacitors) Ltd [1969] 1 WLR 959

  5. Defences Statutory authority Charing Cross Electricity Co v Hydraulic Power Co [1914] 3 KB 772 Green v Chelsea Waterworks Co [1894] 70 LT 547

  6. Consent Peters v Prince of Wales Theatre (Birmingham) Ltd [1943] KB 73

  7. Act of a stranger Perry v Kendricks Transport Ltd [1956] 1 WLR 85

  8. Act of God Nichols v Marsland [1876] 2 ExD 1 Greenock Corporation v Caledonian Railway [1917] AC 556

Related


More Related Content