Defences to Rylands v Fletcher (OCR A-Level Law): Flashcards

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Defences to Rylands v Fletcher
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4 main defences to Rylands v Fletcher

Act of stranger, Act of God, Statutory authority, Consent/benefit

Act of stranger defence - definition

Escape by stranger D had no control over & not reasonably foreseeable

Perry v Kendricks (1956) - outcome

Defence succeeded - boys' actions uncontrollable & unforeseeable

Ribee v Norrie (2000) - why defence failed

D could prohibit smoking so had means to control 3rd party actions

Act of God defence - definition

Natural forces that couldn't be foreseen or prevented by humans

Carstairs v Taylor (1871) - outcome

Act of God succeeded - rat + heavy rain were unforeseeable events

Statutory authority defence - definition

D's actions specifically authorised by Act of Parliament/statute

Green v Chelsea Waterworks (1894) - outcome

Defence succeeded - D under statutory duty to maintain high pressure

Consent/benefit defence - definition

C benefits from accumulated thing, deemed to consent to risks

Peters v Prince of Wales Theatre (1943) - outcome

Defence succeeded - sprinkler system benefited both parties equally

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