Defendant wasn't held liable. Ross v Fedden (1872) LR 7 Q B 661, 41 LJQB 270, 26 LT 966. Toilet water was mixed with regular water, causing inconvinience to plaintiff who was a tenant. Rickards v Lothian, an unknown person blocked a drain on a property of which the defendant was a lessee. Sedleigh – Denfield v O’Callaghan [1940] AC 880, [1940] 3 All ER 349, HL. 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. A statute may require a person or body to carry out a particular activity. '0 The unknown person then turned the tap on over the drain overnight that caused a flood, which damaged the plaintiffs goods. COMMON BENEFIT - Carstairs v Taylor [1871] - Dunne v North Western Gas Board [1964] III. 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] Act of God/Act of nature-Where the escape of the thing occurs through unforeseeable natural … Selle v Associated Motor Boat Co Ltd [1968] EA 123, EACA. Liability under Rylands v Fletcher may be excluded upon the interpretation of the statute. 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). d.) Hoon “Here the D have brought… for the purposes of their business, dangerous materials (petrol & rubber) INSYIRAH MOHAMAD NOH UKM LAW SCHOOL ’18 2 - Northwestern Utilities Ltd v London Guarantee and Accident Co Ltd [1936] IV. -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. Rylands v Fletcher (1868) LR 3 HL 330, 37 LJ Ex 161, 19 LT 220, HL. 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. 4. 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 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. Lothian v Rickards - [1911] HCA 16 - Lothian v Rickards (22 May 1911) - [1911] HCA 16 (22 May 1911) - 12 CLR 165 5. 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). So, he tampered with the pipelines. 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 . ACT OF A 3RD PARTY - Box v Jubb [1879] - Rickards v Lothian [1913] 2. 4. The Privy Council held that the law does not impose Rickards v Lothian [1913] A C 263, 82 LJPC 42, 108 LT 225, PC. Rickards v Lothian [1913] AC 263. 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