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