Non-feasance CASES

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Leakey v National Trust [1979] EWCA Civ 5

The National Trust owned a hill which, due to natural processes, was at risk of slipping onto the plaintiffs' property below. Despite being aware of the danger, the Trust did nothing. The court found the Trust liable for the resulting damage. Facts The plaintiffs were the owners of two houses in Somerset, located at the foot of a large, steep-sided conical hill known as Burrow Mump. The defendant, the National Trust, owned Burrow Mump. The hill was geologically unstable and prone to cracking and slipping due to natural weathering processes. In 1968, the plaintiffs noticed a large crack appear in