Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/19

Click to flip

19 Cards in this Set

  • Front
  • Back

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.



Lord Cairns

Non natural use

Read case. non natural use

"gas, electricity,oil,fumes, flag poles.


Public good (munitions, WW2)


water in reservoir instead of irrigation district

Musgrove . non natural

Passage of time and circumstances.

petrol tank in vehicle




Miller . non natural

Gas electricity in domestic houses doesn't count if it escapes.

only in commercial.




Accumulation . Healy

Natural doesn't count. must have brought it on. Rainfall rocks etc .

Rocks in healy not covered.



Accumulation . Miles.

Rocks scattered by explosives.


Explosives count as the accumulation.

Escape. Read. Viscount Simon.

"outside his occupation or control".


Shell, inside factory. Didn't count.

Rigby. Escape

Extend to released on highway. Taylor J. Applies same as on your property. Gas canister.

Damage

Not needed if just seeking injunction.


Occupier or those with interst can sue.

Transco. England

No personal injury

Hanhrahan v Merck

Personal Injury . Healy ( non occupier can as well)

Defence. Stranger. .

not liable.


can still sue for neg for potential of escape.



Beutler v Beutler. Stranger.

Drunk gas meter . explode. comapny not liable.


Exception :control of stanger, employee, visitor , contractor.

Act of god. ex.

War, must be extraordinary nature, natural and unforeseeable.

Superquinn Ltd. v Bray UDC

hurricane constitutes.

dockeray .

Heavy rainfall. 20 .

statutory authority .

superquinn , nuisane

Consent of plaintiff . Victor Weston Eire ltd v Kenny

consent to danger or common benefit . Water leek .