Defences to Rylands v Fletcher

Question 1

Act of a stranger defence -

Answer 1

Complete defence if escape was caused by a stranger which D had no control and whose actions could not be reasonably foreseen. Ribee v Norrie

Question 2

Act of god -

Answer 2

Action independent of human action - Carstairs v Taylor

Question 3

Statutory authority -

Answer 3

Immunity under a statutory provision

Question 4

Consent/Benefit

Answer 4

If c receives a benefit from the accumulated thing, they may be deemed to have consented to its accumulation - peters v prince of wales theatre

Question 5

Ribee v Norrie

Answer 5

Hostel fire broke out due to smoking, lots of damage. Owner of hostel was liable as it was within their power to stop smoking.

Question 6

Carstairs v Taylor

Answer 6

Rat and heavy rain caused rice to be damaged. Act of god, not liable.

Question 7

Peters v Prince Of Wales Theatre

Answer 7

C’s shop damaged when pipes from sprinkler system burst - consented to accumulation as they benefitted from it