Moot script 2 - moot tuto PDF

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moot tuto...

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My lord, May it please the court, my name is Aydiel Putra and I am the lead counsel and appearing alongside me is my co-counsel, Amir Mukhlis and we are appearing on behalf of the respondent, Collins. My lord I will be reserving 4 minutes to deal with the 1st ground which is the use of weed killer was a natural use of the land and my co-counsel will also be reserving 4 minutes to deal with the second ground which is concerning the decision of the courts to reject the usage of the rules in Rylands v Fletcher to claim damages for personal injury I have 1 argument to submit under the first ground which is the use of weed killer was a natural use of the land, with that in mind, I will now begin my submission, My lord, to successfully bring a claim under the rule in Rylands v Fletcher (HOL), there must be an escape of dangerous thing in the course of a non-natural use of land, this was provided by Lord Blackburn when he stated that “We think the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all damages which is the non-natural use of land.” Therefore, the question arises on whether the use of weed killer was a non-natural use of land? The question on what is regarded as a non-natural use of land was answered in Transco plc v Stockport metropolitan borough council (2004)(HoL) where Lord Birmingham stated that where the defendant’s use is shown to be extraordinary and unusual” In our current case, Collins has garden at his house, therefore it would be ordinary and reasonable for him to use weed killers to get rid of the weeds growing in his garden as an ordinary man would. It is also normal for weed killers to be dangerous however we submit that even though it is dangerous it was nothing extraordinary nor unsual thus making it a natural use of the land. May I be of any further assistance my lord? Much obliged. PROJEK LEBUH RAYA UTARA-SELATAN SDN BHD v KIM SENG ENTERPRISE (KEDAH) SDN BHD (CoA) (2013) YAT YUEN HONG CO LTD v SHERIDAN-LEA & ANOR (CA Singapore)...