Rylands V Fletcher - Defences And Remedies Flashcards

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1
Q

DEFENCES

A

Acts of a third party : RICKARD V LOTHIAN

Acts of God : Nichols V marsland

Statutory authority: (no case)

Acts/defaults of the claimant : (no case)

Consent of the claimant : (no case)

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2
Q

Acts of a third party (defence)

A

RICKARDS V LOTHIAN
Where fault is due to a third part and not the D - defence available
If D did NOT reasonably foresee the actions if the third party

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3
Q

Acts of God (defence)

A

the escape is due to natural causes that no human foresight could have guarded against NICHOLS V MARSLAND

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4
Q

Statutory authority- defence

A

If the escape is caused by something the D Is legally obligated to do under an act of parliament

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5
Q

Acts/ defaults of the claimant

A

Default of the claimant where the damage is due to the act or default of the C

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6
Q

Consent of the claimant

A

C expressly/ impliedly consent to the D accumulating the thing

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7
Q

That is only one remedy for rylands V Fletcher

A

Damages (compensation)

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8
Q

Remedies: damages (compensation)

A

The C Can claim compensation for any damage suffered

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