Someone recently bought our

students are currently browsing our notes.

X

Perry v Kendricks

[1956] 1 WLR 85

Case summary last updated at 19/01/2020 17:56 by the Oxbridge Notes in-house law team.

Judgement for the case Perry v Kendricks

D kept a petrol tank on his land an the cap had been unscrewed by someone earlier on. Some children threw a match into it and were injured in the explosion. CA held that this was an example of the exception to the Rylands rule operating, although there was no reason not to apply Rylands to personal injury. 
 
Singleton LJ: “If the mischievous, deliberate and conscious act of a stranger causes the damage, the occupier can escape liability; he is absolved.” Here both the unscrewing of the cap and the throwing of the match were both done by strangers. Hence only an ordinary duty could apply, and here there was no negligence. 

Have you seen Oxbridge Notes' best Tort Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious adademic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
Tort Law Notes

Tort Law Notes >>