3447897
Description
Flashcards by Soul Maher, updated more than 1 year ago
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Created by Soul Maher
about 9 years ago
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| Question | Answer |
| Elements of R v F | - Likely to be mischief - Brought onto land - For own purposes - Escape -Non-Natural use - Liable for natural consequences - Forseeability of damage (not escape) |
| Defences of R v F | - Plaintiffs Fault - Vis Major - Act of God - Act of a Stranger |
| Define: "Act of God" | Sudden and Unprecidented (Nicholas v Marshland) |
| Define: "Act of a Stranger" | Wrongful and malicious act of an unkown 3rd party (Rikards v Lothian) |
| Hoare v Mcalpine | Vibrations caused by piles make the neighbouring property weaker. |
| Atorney General v Corke | Gypsies caused damage to neighbouring properties. Landlord held accountable. *Introduction of People to R v F* |
| Matheson v Northcote College | School kids miss behaving |
| Giles v Walker | Thistles. Naturally Occuring .: Not liable |
| Irvine v DCC | Water pipe burst. Found that the transportation of water in large quantities was an un natural use. |
| Read v Lyons | Bomb factory, bomb exploded but never left the area of control .: no Escape. |
| Hale v Jennings | Cair-o-Plane. Left the area of control. |
| Rikards v Lothian | Act of a Stranger. Unknown third party flooded a higher level of the apartment and damaged lower levels. |
| Mason v Levy Auto Parts | Found that the use of the land was unatural because of the way it was stored etc. |
| New Zealand Forest Products and Other v O'sullivan | Fought a fire started by O'sullivan and wanted to claim damages caused by needing to fight the fire. |
| Cambridge Water Co. v Eastern Counties Leather | Leaking chemicals, unforseeable over the years. |
| Hamilton v Papakura City Council | Tomato - sensitive to the pesticides used by papakura council. Forseeability?? |
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