Land Tort Elements: Liability and Defenses
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
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
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
Non- natural use
Rickards v Lothian [1913] AC 280
British Celanese v A H Hunt (Capacitors) Ltd [1969] 1 WLR 959
Defences
Statutory authority
Charing Cross Electricity Co v Hydraulic Power Co [1914] 3 KB 772
Green v Chelsea Waterworks Co [1894] 70 LT 547
Consent
Peters v Prince of Wales Theatre (Birmingham) Ltd [1943] KB 73
Act of a stranger
Perry v Kendricks Transport Ltd [1956] 1 WLR 85
Act of God
Nichols v Marsland [1876] 2 ExD 1
Greenock Corporation v Caledonian Railway [1917] AC 556
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.
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Presentation Transcript
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
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
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
Non- natural use Rickards v Lothian [1913] AC 280 British Celanese v A H Hunt (Capacitors) Ltd [1969] 1 WLR 959
Defences Statutory authority Charing Cross Electricity Co v Hydraulic Power Co [1914] 3 KB 772 Green v Chelsea Waterworks Co [1894] 70 LT 547
Consent Peters v Prince of Wales Theatre (Birmingham) Ltd [1943] KB 73
Act of a stranger Perry v Kendricks Transport Ltd [1956] 1 WLR 85
Act of God Nichols v Marsland [1876] 2 ExD 1 Greenock Corporation v Caledonian Railway [1917] AC 556
