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19 Cards in this Set
- Front
- Back
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Blackburn J |
The person that for his own purposes brings on his lands...anything likely to do mischief if it escapes...must keep it at his peril... is answerable for all the damage which is the natural consequence of it's escape. |
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Lord Cairns |
Non natural use
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Read case. non natural use |
"gas, electricity,oil,fumes, flag poles. Public good (munitions, WW2) water in reservoir instead of irrigation district |
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Musgrove . non natural |
Passage of time and circumstances.
petrol tank in vehicle |
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Miller . non natural |
Gas electricity in domestic houses doesn't count if it escapes.
only in commercial. |
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Accumulation . Healy |
Natural doesn't count. must have brought it on. Rainfall rocks etc .
Rocks in healy not covered. |
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Accumulation . Miles. |
Rocks scattered by explosives. Explosives count as the accumulation. |
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Escape. Read. Viscount Simon. |
"outside his occupation or control". Shell, inside factory. Didn't count. |
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Rigby. Escape |
Extend to released on highway. Taylor J. Applies same as on your property. Gas canister. |
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Damage |
Not needed if just seeking injunction. Occupier or those with interst can sue. |
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Transco. England |
No personal injury |
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Hanhrahan v Merck |
Personal Injury . Healy ( non occupier can as well) |
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Defence. Stranger. . |
not liable. can still sue for neg for potential of escape. |
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Beutler v Beutler. Stranger. |
Drunk gas meter . explode. comapny not liable. Exception :control of stanger, employee, visitor , contractor. |
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Act of god. ex. |
War, must be extraordinary nature, natural and unforeseeable. |
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Superquinn Ltd. v Bray UDC |
hurricane constitutes. |
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dockeray . |
Heavy rainfall. 20 . |
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statutory authority . |
superquinn , nuisane |
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Consent of plaintiff . Victor Weston Eire ltd v Kenny |
consent to danger or common benefit . Water leek . |
