Rylands V Fletcher

  • November 2019
  • PDF

This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA


Overview

Download & View Rylands V Fletcher as PDF for free.

More details

  • Words: 219
  • Pages: 1
Rylands V Fletcher Defences - statutory authority - volenti non fit injuria - acts of third parties (except where the defendant failed to control reasonably foreseeable third party acts, eg. Of children) - Acts of God - Total unforeseeability of harm

Trespass Trespass to goods - conversion - detinue Trespass to the person - false imprisonment - harassment Trespass to land - Various forms:  Personal entry onto land  Remaining on land after earlier permission has been withdrawn  Leaving objects on land, including some owned animals Features: - Area protected - Plaintiffs - Signs and warnings  Trespass after warning to leave  Trespass after warning to stay off  Delivery of warnings Defences: - aircraft in normal passage are protected by legislation, but this does not extend to damage caused by them - defendant had permission by licence to enter, - Necessity. A defence in civil law paralleled in respect of criminal charges by Trespass Act 1980 - Exercise of lawful or statutory authority - Defendant going onto another’s land in order to abate a nuisance in a reasonable manner Remedies - Damages - Injunction, to prevent continuing or anticipated trespass - The ejection of a person or goods, in a reasonable manner - Action for recovery of land, which has been wrongfully taken or occupied.

Related Documents

Rylands V Fletcher
November 2019 12
Arthur H Fletcher
December 2019 17
Johana M Rylands
December 2019 29
Arthur H Fletcher
December 2019 17
Ruth Fletcher 2
May 2020 5