Strict Liability

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Strict Liability by Mind Map: Strict Liability

1. Definition

1.1. Liability which is imposed on the defendant without any proof of fault on his part

2. Rules in Ryland v Fletcher

2.1. "We think that the rule of law is that the person who for his own purpose brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his perils, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.

3. Elements

3.1. 1. Dangerous things

3.1.1. Things likely to cause damage if it escapes Ang Hock Tai v Tan Sum Lee

3.2. 2. Intentional storage/accumulation

3.2.1. The rule only applies if the defendant purposely keeps/accumulate the objects which are said to be dangerous Giles v Walker Pontardawe RDC v Moore-Gwyn Miles v Forest Rock Granite

3.3. 3. Escape

3.3.1. It must proven that the thing escape- escapes from a place where the defendant has control to a place where the defendant has no control Read v J Lyons Ponting v Noakes

3.4. 4. Non-natural use of land

3.4.1. "It must be some special use bringing with it increase danger to others and must not merely be the ordinary use of land". Rickards v Lothian Crowhurst v Amersham Burial Board (planting a poisonous tree) Yat Yuen Hong v Sheridanlea (piling earth on a steep slope) Abdul Rahman Bin Che Ngah v Puteh Bin Samat (clearing an irrigation canal-set fire on the weeds and bushes) Hoon Wee Thim v Pacific Tin Consolidated Corporation (building a reservoir)

4. Foreseeability of damage

4.1. The defendant will only be liable if the damage that occurred from the escape of the dangerous thing is foreseeable

4.1.1. Cambridge Water Co v Eastern Counties Leather

5. Defences

5.1. Consent of the plaintiff

5.1.1. Sheikh Amin bin Salleh v Chop Hup Seng

5.2. Common benefit

5.2.1. Carstairs v Taylor

5.3. Act of third party

5.3.1. Rickards v Lothian

5.4. Act of God

5.4.1. Nichols v Marland

5.5. The plaintiff's default

5.5.1. Eastern and SA Telegraph Co Ltd v Cape Town Tramways

5.6. Statutory authority