Defences to Rylands v Fletcher (OCR A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
How many main defences can be raised against a claim under Rylands v Fletcher?
How many main defences can be raised against a claim under Rylands v Fletcher?
Four
Who bears the burden of proof for establishing a defence to Rylands v Fletcher?
Who bears the burden of proof for establishing a defence to Rylands v Fletcher?
The defendant
What must a 'stranger' be in the act of a stranger defence?
What must a 'stranger' be in the act of a stranger defence?
Not employed by & uncontrollable
In Perry v Kendricks (1956), why did the act of a stranger defence succeed?
In Perry v Kendricks (1956), why did the act of a stranger defence succeed?
Boys' actions were unforeseeable
Why did the act of a stranger defence fail in Ribee v Norrie (2000)?
Why did the act of a stranger defence fail in Ribee v Norrie (2000)?
Defendant could prohibit smoking
What must an act of God be to succeed as a defence?
What must an act of God be to succeed as a defence?
Truly exceptional & unforeseeable
What combination caused the act of God in Carstairs v Taylor (1871)?
What combination caused the act of God in Carstairs v Taylor (1871)?
Rat damage & heavy rain
In Green v Chelsea Waterworks (1894), why was statutory authority a defence?
In Green v Chelsea Waterworks (1894), why was statutory authority a defence?
Statute mandated high pressure
Why did consent/benefit defence succeed in Peters v Prince of Wales Theatre (1943)?
Why did consent/benefit defence succeed in Peters v Prince of Wales Theatre (1943)?
System benefited both parties
What is the key question in the act of a stranger defence?
What is the key question in the act of a stranger defence?
Whether defendant could control them