Defences to Rylands v Fletcher

Question 1

Act of Stranger:

Answer 1

Complete defence if escape caused by act of stranger over which D had no control and whose actions could not have been reasonably foreseen.

Question 2

Perry v Kendricks:

Answer 2

D kept an old coach that needed repair on their land adjoining a piece of wasteland.

C approached two boys on the wasteland close to the coach, the boys threw a lit match into a petrol pool causing an explosion giving C severe burns.

Held: D not liable as escape caused by action of third party.

Question 3

Act of God:

Answer 3

Same meaning as private nuisance.

Question 4

Carstairs v Taylor:

Answer 4

C stored rice in the ground floor of a warehouse which he leased from D.

Rat gnawed through a gutter box draining water from the roof of the warehouse. Heavy rainfall caused the roof to leak and damaged C’s rice.

Held: D not liable, C brought water onto land to accumulate it, heavy rain and the rat were acts of God.

Question 5

Statutory Authority:

Answer 5

Same meaning as private nuisance.

Question 6

Green v Chelsea Waterworks Co.:

Answer 6

Water mains burst which damaged C’s land.

CWC were under a statutory obligation to maintain a high pressure in water main.

Held: Not liable as they had statutory authority.

Question 7

Consent/Benefit:

Answer 7

If C receives a benefit from an accumulated thing, they may be deemed to have consented to the accumulation.

Question 8

Peters v Prince of Wales Theatre:

Answer 8

C leased a shop adjacent to D’s theatre.

C’s shop sustained flood damage when pipes from the theatre’s sprinkler systems burst due to icy weather.

Held: D not liable. Sprinkler systems was equally for the benefit of C and C was deemed to have consented to the use of it as it was installed prior to obtaining the lease.