Strict Liablity

Question 1

Enumerate the exceptions to strict liablity

Answer 1

1. Default of palintiff
2  act of God 
3. Statutory authority
4. Consent of plaintiff
5. Act if a stranger/ third party

Question 2

Default of plaintiff

Answer 2

Ponting vs noakes - plaintiff horse reached over the fence

Question 3

Act of God

Answer 3

So unexpected that no human skill can forsee

Nicholas vs marsland - extraordinary rainfall breached the banks of an ornamental lake

Question 4

Statutory authoruty

Answer 4

No action if authorized by law and done without negligence

Green vs chelesea waterworks - defendants were authorized by statute to store water for the purpose of supply to the city

Question 5

Act of 3 rd party

Answer 5

Boxx vs Jubb- overflow of defendants reservoir caused by blocking of drain by strange party

Question 6

Consent of claimant

Answer 6

Volenti non fit injuria

Implied when cause of danger maintained for the benifit of both

Anderson vs Oppenheimer- defendant and plaintiff on ground and first floor. Common cistern burst