Rylands v Fletcher Defences A01

Question 1

Act of a stranger

Answer 1

if the escape was caused by a third party whom the defendant has no control over this defence can be raised

Question 2

Act of a stranger case

Answer 2

Box v Jubb

Question 3

Volenti

Answer 3

if the claimant consented to the defendant bringing the dangerous thing onto their land, then this defence can be raised

Question 4

When is volenti most likely to succeed

Answer 4

If the ‘thing’ brought onto land benefits the claimant

Question 5

Statutory Authority

Answer 5

-most successful defence

-if an Act of Parliament authorises a dangerous activity then there can be no claim

Question 6

Statutory Authority case

Answer 6

Green v Chelsea Waterworks

Question 7

Default of the claimant

Answer 7

if the escape and damage is caused completely by the default of the claimant the defendant will not be found liable

Question 8

Act of God

Answer 8

extreme weather conditions may afford the defendant the defence

Question 9

Act of God case

Answer 9

Nichols v Marsland