rylands and fletcher defences

Question 1

what are the 5 defenses to the Rylands v Fletcher claim

Answer 1

acts of a stranger

act of God

statutory authority

consent (volenti)

contributary negligence

Question 2

acts of a stranger rules (2)

Answer 2

d not liable if act caused by another

d should have control over actions by enforcing rules well

Question 3

d not liable if act caused by another case

Answer 3

Box v Jubb 1879
ds reservoir overflowed when another reservoir owner on higher land drained their reservoir water into ds reservoir which flooded and damaged cs property

Question 4

d should have control over actions by enforcing rules well case

Answer 4

Ribee v Norrise 2000
fire started in a hostel by a customer who negligently discarded a cigarette. C is injured when fire spreads next door. d liable as customer was not stranger as they had some sort of control over so should have enforced rules better

Question 5

act of God meaning

Answer 5

Refers to extreme natural conditions (e.g. weather) that ‘no human foresight can provide against’

Question 6

act of God case

Answer 6

Nichols v Marsland 1876
d diverted water from a natural stream into his land to create three lakes. Heavy thunderstorms caused freak flooding and damaged cs property. d not liable

Question 7

Statutory Authority meaning

Answer 7

It is a defence if D’s actions are allowed under an Act of Parliament

Question 8

case to back this

Answer 8

Smeaton v Ilford Corp 1954
sewerage from ds sewer leaked onto cs land.
D not liable as he had a duty under public health act 1936.

Question 9

finish this dont be lazy gang