Defences to Rylands v Fletcher (OCR A-Level Law): Flashcards
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4 main defences to Rylands v Fletcher
4 main defences to Rylands v Fletcher
Act of stranger, Act of God, Statutory authority, Consent/benefit
Act of stranger defence - definition
Act of stranger defence - definition
Escape by stranger D had no control over & not reasonably foreseeable
Perry v Kendricks (1956) - outcome
Perry v Kendricks (1956) - outcome
Defence succeeded - boys' actions uncontrollable & unforeseeable
Ribee v Norrie (2000) - why defence failed
Ribee v Norrie (2000) - why defence failed
D could prohibit smoking so had means to control 3rd party actions
Act of God defence - definition
Act of God defence - definition
Natural forces that couldn't be foreseen or prevented by humans
Carstairs v Taylor (1871) - outcome
Carstairs v Taylor (1871) - outcome
Act of God succeeded - rat + heavy rain were unforeseeable events
Statutory authority defence - definition
Statutory authority defence - definition
D's actions specifically authorised by Act of Parliament/statute
Green v Chelsea Waterworks (1894) - outcome
Green v Chelsea Waterworks (1894) - outcome
Defence succeeded - D under statutory duty to maintain high pressure
Consent/benefit defence - definition
Consent/benefit defence - definition
C benefits from accumulated thing, deemed to consent to risks
Peters v Prince of Wales Theatre (1943) - outcome
Peters v Prince of Wales Theatre (1943) - outcome
Defence succeeded - sprinkler system benefited both parties equally
