Defences (AQA A-Level Law): Flashcards

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Defences to Rylands v Fletcher
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4 defences to Rylands v Fletcher

Act of stranger, Act of God, statutory authority, consent/benefit

Act of stranger defence requirements

No control over stranger + actions not reasonably foreseeable

Perry v Kendricks (1956) outcome

Not liable - stranger's act unforeseeable, no control over boys

Ribee v Norrie (2000) why defence failed

Defendant had control - could prohibit smoking on property

Act of God defence definition

Extraordinary natural event independent of human action

Carstairs v Taylor (1871) what was Act of God

Heavy rain + rat gnawing gutter - natural events beyond control

Statutory authority defence meaning

Acting under powers granted by statute (Act of Parliament)

Green v Chelsea Waterworks (1894) outcome

Not liable - acting under statutory duty (water main burst)

Consent/benefit defence when applicable

Claimant benefits from dangerous thing defendant accumulated

Peters v Prince of Wales Theatre (1943) why consent

Sprinkler benefited claimant's property (fire protection)

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