单词 | Things dangerous in themselves |
释义 | 物件本身危險 1. Things inherently dangerous in the sense that, if left, they may at any moment cause damage such that they cannot be handled without serious risk: Wray v Essex County Council [1936] 3 All ER 97. Examples include guns, explosives and poison: Wray v Essex County Council, supra. Originally, a third party who had not contracted with the defendant could not claim damages for injury caused by a defective product unless the product was dangerous in itself: Langmeid v Holliday (1851) 6 Ex 76, 155 ER 752. However, liability for defective products is no longer restricted to situations in which the product is dangerous in itself: Donoghue v Stevenson [1932] AC 562. 2. Where inherently dangerous property does not affect members of the public in the exercise of rights common to all members of the public it is not a public nuisance, but it may be a private nuisance if it materially interferes with a person’s user or enjoyment of land (Spicer v Smee [1946] 1 All ER 489), or of some right connected with land. |
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