Professional Documents
Culture Documents
Definition:
- a term used to describe liability which is imposed on D without any proof of
fault on his part. So although the defendant might have taken all reasonable
precautions to avoid or minimize risks arising from his activity, he may still be
found liable if the tort which has arisen falls under the category of trict liability
torts.
-
Intention Irrelevant:
Principle
Case
What is dangerous is
a question of fact.
(not
Anor
reasonable
to
anything
may
cause
damage if it escapes.
Once this element is
fulfilled,
than
the
thing is a dangerous
thing.
Intentional
storage /
Accumulation
the
Even
has
accumulated
the
if
he
not
the
Held
D liable under
the rule in
Rylands v
Fletcher as the
petrol was a
dangerous thing
if
he
has
authorised
the
accumulation.
The
have
control
Giles v Walker
to anything that is
the
natural
growth of the Ds
land despite the
fact
that
the
thistles grew on
his land due to
his
leaving
unattended after
he had ploughed
it. In cases like
this, liability may
be sought under
the
tort
nuisance
of
or
negligence.
RDC
for
Gwyn
Miles v Forest
The accumulation
An occupier of land
damage
caused
Pontardawe
v
Moore-
by the escape of a
thing naturally on the
land, if he has not
accumulated
the
it
escape
independent
and
was
of
the
Ds conduct.
An occupier of land
who intentionally
causes something
that is naturally
found on his land to
escape may still be
held liable for any
consequent damage
that is caused to the
P.
Rock
Granite
of explosives that
Co
gave
rise
(Leicestershire)
liability.
Ltd:
explosives,
to
The
they
if
escaped
would be likely to
cause
damage
and
therefore,
were
dangerous
and
stored by the D.
There
was
escape
use
as
of
the
the
explosives
caused the rocks
to fall away from
the Ds land and
the damage was
caused to the P.
Escape
Weng
Lok
Mining Co Ltd v
Hiap
Lee
Brickmakers
Ltd:
Pointing
Noakes
was
no
as
the
and
its
did
not
beyond
defendants
boundary and so
the P failed in his
action.
Damage caused by
In circumstances
where there is no
P is still required to
escape
burning
anything brought
vegetation on the
himself or a person
Ds
the D must be
proved
Ds employees or
been negligent.
The
satisfied
must
following
conditions as laid
down
in Lembaga
spreading to the Ps
Kemajuan
Tanah
from
the
Persekutuan
combustible
cut
negligence
have
the
of
caused
either
commencement
the
has
fire
or
caused
its
or
of
to
permitted to exist on
TNB, a)
his
the
premises,
have
the
Firstly,
had
agents
and
should
the
had
left
have
vegetation
brought
which constituted a
property. The D
Ps
and
property.
presumption
like
No
in
common law.
there
onto
land
the
Ps
kept
them
was found to be
in
such
condition that if
they
to
did
non-natural
use.
ignite,
is
imposed
the Ps land
b)
these
the
and
some non-natural
even
his
independent
The D did
things
in
course
of
contractor.
c)
Liability
will
be
The things
fire
has
If a person makes
fire
spread
or
occurred due to an
spread to the Ps
land.
in order to burn
something which
act of a stranger or
is
trespasses
he
over
inflammable,
must
take
reasonable steps
has no control.
to
Knowledge
of
the
prevent
the
fire
from
spreading.
This
duty is absolute
and
delegable.
imposes a duty on
him to extinguish it
within a reasonable
time.
Non-natural
Meaning: (Rickards v
use of land
Lothian [1913]
AC
must
be
some
it
increased
land or such
Read v Lyons
All factors such as
time, location and the
ordinary activities of
mankind
must
be
non-
taken
into
consideration, so that
what is dangerous or
constitutes
non-
Mason
into
Auto
account:
the quantity of
thing,
which
the way
it
stored and
the
in
was
Levy
Parts
of
England
Ltd [1967] 2 QB
530
also
the location of Ds
land:
Crowhurst
liable
as
Amersham
planting
Burial
poisonous tree is
of
land.
this
decision may be
justified
basis
on
the
that
an
escape
of
the
the Ps land.
Yat Yuen Hong
Co
on a steep slope
&
Ltd
Sheridanlea
Anor
land
would
be
available was a
non-natural
of land.
use