RICKARDS v LOTHIAN CATCHWORDS: Action for Negligence - Proximate Cause of Damage - Malicious Act of Third Person - Reasonable Precautions - Overflow of Water from Lavatory in Upper Floor. Rickards v Lothian, an unknown person blocked a drain on a property of which the defendant was a lessee. d.) Statutory authority. The Privy Council held that the law does not impose INSYIRAH MOHAMAD NOH UKM LAW SCHOOL ’18 2 - Northwestern Utilities Ltd v London Guarantee and Accident Co Ltd [1936] IV. Ross v Fedden (1872) LR 7 Q B 661, 41 LJQB 270, 26 LT 966. Judges have limited strict liability by restricting the use of the rule – to escapes from land only (Read v Lyons (1947)) and to ‘special use of land bringing with it increased danger to others’ (Rickards v Lothian (1913)), and see also Cambridge Water and Crown River Cruises v Kimbolton (1996). 5. Defendant wasn't held liable. Lothian v Rickards - [1911] HCA 16 - Lothian v Rickards (22 May 1911) - [1911] HCA 16 (22 May 1911) - 12 CLR 165 Originally, this was stated as meaning a special use that brought increased danger and not some use proper for the general benefit of the community (Rickards v Lothian [1913] AC 263). Liability under Rylands v Fletcher may be excluded upon the interpretation of the statute. Sedleigh – Denfield v O’Callaghan [1940] AC 880, [1940] 3 All ER 349, HL. Rice v Connolly [1966] Rickards v Lothian [1913] Ridge v Baldwin [1964] Rigby v Chief Constable of Northamptonshire Police [1985] Risk v Rose Bruford College [2013] RMKRM v MRMVL [1926] Roake v Chadha [1984] Robb v Hammersmith and Fulham London Borough Council [1991] Roberts v Chief Constable of Cheshire Police [1999] Roberts v Hopwood [1925] Rickards v Lothian [1913] A C 263, 82 LJPC 42, 108 LT 225, PC. Hoon “Here the D have brought… for the purposes of their business, dangerous materials (petrol & rubber) Rickards v Lothian [1913] AC 263. 4. v Lothian “the said bund was put to uses… unsuitable and hazardous to their neighbor… (ie) when it was made to hold water in great quantities instead of slimes” Pacific Tin Consolidated Corp v . So, he tampered with the pipelines. HEADNOTE: To sustain an action for negligence it must be shewn that the negligence found by the jury is the proximate cause of the damage. ACT OF A 3RD PARTY - Box v Jubb [1879] - Rickards v Lothian [1913] 2. In Rickards vs Lothian [1913] AC 263 at 280, the Privy Council treated this in flexible terms when Lord Moulton, (speaking for Privy Council) stated; “It is not every use o which land is put that brings into play that principle. This is significant to Wessex Water Plc's case as while the chemicals bring increased danger the presence of Cornwall County Leather Plc has benefited the community. Selle v Associated Motor Boat Co Ltd [1968] EA 123, EACA. The D was not liable when an unknown person blocked a basin on his property and caused a flood, which damaged a flat below. Rickards. -Rickards v Lothian The court held the defendant not liable under the rule for the damage caused towards the plaintiff’s stock as the water tap was turned on by an unknown person. COMMON BENEFIT - Carstairs v Taylor [1871] - Dunne v North Western Gas Board [1964] III. A statute may require a person or body to carry out a particular activity. Act of God/Act of nature-Where the escape of the thing occurs through unforeseeable natural … Rylands v Fletcher (1868) LR 3 HL 330, 37 LJ Ex 161, 19 LT 220, HL. Toilet water was mixed with regular water, causing inconvinience to plaintiff who was a tenant. '0 The unknown person then turned the tap on over the drain overnight that caused a flood, which damaged the plaintiffs goods. 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