Strict liability
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:
The rule in Rylands v Fletcher
The Defendants themselves were not negligent and neither were they
vicariously liable for the negligence of their independent contractors, but the
HOL held them liable to the P
Elements
Dangerous
things/ Thing
likely to cause
damage if it
escapes
Principle
Case
What is dangerous is
Ang Hock Tai v
a question of fact.
Tan Sum Lee &
(not
Anor
reasonable
mans test) The rule
applies
that
to
anything
may
cause
damage if it escapes.
Once this element is
fulfilled,
than
the
thing is a dangerous
thing.
Intentional
storage /
Accumulation
This rule on applies
to an object or thing
which
the
purposely keeps and
collects. D will only
be liable if he has
accumulated
thing.
himself
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
thing, he may still be
liable
if
he
has
authorised
the
accumulation.
The
liability rests in those
who
have
control
over the thing.
Rule is not applicable
Giles v Walker
The thistles were
to anything that is
the
natural
naturally on the land.
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.
will not be held liable
RDC
for
Gwyn
D was not liable
as he did not
accumulate the
rocks. Moreover
the escape was
not caused by
the Ds act.
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
things. They were
deliberately
collected
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
Escape means the
thing has escaped
from a place over
which the D has no
control and authority
to a place over which
the D has no control
and authority.
Weng
Lok
Mining Co Ltd v
Hiap
Lee
Brickmakers
Ltd:
Pointing
Noakes
court held that
escape must be
proven before
the principle in
Rylands v
Fletcher is
applicable.
there
escape
tress
leaves
extend
the
was
no
as
the
and
its
did
not
beyond
defendants
boundary and so
the P failed in his
action.
Damage caused by
In circumstances
The court found
the spread of fire
where there is no
for the P as the
P is still required to
escape
burning
prove either the D
anything brought
vegetation on the
himself or a person
onto the Ds land,
Ds
for whose conduct he
the D must be
been cut by the
was answerable has
proved
Ds employees or
been negligent.
The
satisfied
must
following
there in hot and
conditions as laid
dry weather. The
down
in Lembaga
known that fires
spreading to the Ps
Kemajuan
could break out
premises, or that the
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
and would spread
source of fire danger
brought
which constituted a
their land things
property. The D
material injury to the
likely to catch fire
use of the land
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,
the fire would be
likely to spread to
Liability
is
imposed
the Ps land
for the spread of fire
if the spread was due
b)
to the default of the
these
Ds servant, his guest
the
and
some non-natural
even
his
independent
The D did
things
in
course
of
use of land, and
contractor.
c)
Liability
will
be
excluded where the
The things
had ignited and
the
fire
has
If a person makes
fire
spread
or
occurred due to an
spread to the Ps
a fire on his land
land.
in order to burn
act of nature or the
something which
act of a stranger or
Lee Kee v Gui
is
trespasses
See & Anor
he
over
inflammable,
must
take
whom the defendant
reasonable steps
has no control.
to
Knowledge
of
the
prevent
the
fire
from
spreading.
This
fire , albeit started by
duty is absolute
a party over whom
and
the D has no control
delegable.
imposes a duty on
him to extinguish it
within a reasonable
time.
Non-natural
Meaning: (Rickards v
use of land
Lothian [1913]
AC
263 at 280 PC)
It
must
be
some
special use bringing
with
it
increased
danger to others and
must not merely be
the ordinary use of
the
land or such
use as is proper for
the general benefit of
the community.
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-
natural use of land
may differ in different
circumstances.
The court
will balance the prob
ability of damage
occurring plus the
seriousness of the
probable damage
compared to
the social benefit
derived from it.
Factors to be taken
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
Board [1878] 4 not a natural use
Ex D 5
of
land.
this
decision may be
justified
basis
on
the
that
an
escape
of
the
tree had occurred
as the branches
and leaves had
encroached onto
the Ps land.
Yat Yuen Hong
Piling loose earth
Co
on a steep slope
&
so that more flat
Ltd
Sheridanlea
Anor
land
would
be
available was a
non-natural
of land.
use
