Defences to Rylands and Fletcher Flashcards
What are the five defences to Rylands V Fletcher?
-Act of God
-Act of a third party/ stranger
-Volenti/ consent
-Statutory authority
-Default of the C.
What is meant by act of a stranger?
The escape was caused by a stranger.
Which cases for act of a stranger?
-Boxx v Jubb
Boxx V Jubb?
-F: D’s reservoir overflowed when someone random turned it on
O: Act of a stranger/ 3rd person not liable
What is meant by Volenti/ consent?
-Did the C consent to the D bringing the dangerous thing to the land?
-Especially likely to succeed if the thing on the D’s land benefits the C_
What case for consent?
-Peters V Prince of Wales Theatre
Peters V Prince of Wales Theatre
F: busted sprinkler system that flooded C’s property
O: It was beneficial to both- deemed to have consented.
What is meant by statutory authority?
An act of parliament may authorise a dangerous activity- can be claim.
What cases for statutory authority?
Green V Chelsea Waterworks
Green V Chelsea Waterworks
F: waterworks were under a duty authorised by parliament- leak
O: NL- Authority to be there.
What does default of C mean?
-If the escape and damage is caused completely by the default of the C, the D will not be liable
-(if partly responsible-apply the rules of contributory negligence)
What is meant by an act of God?
Extreme weather/floods. (courts reluctant to accept this).
What case for act of God?
Nicholas V Marsland
Nicholas V Marsland
F: C’s land flooded after extremely heavy rainfall caused ornamental lakes to flood.
O: Act of God- NL
