Rylands V Fletcher - Defences And Remedies

Question 1

DEFENCES

Answer 1

Acts of a third party : RICKARD V LOTHIAN

Acts of God : Nichols V marsland

Statutory authority: (no case)

Acts/defaults of the claimant : (no case)

Consent of the claimant : (no case)

Question 2

Acts of a third party (defence)

Answer 2

RICKARDS V LOTHIAN
Where fault is due to a third part and not the D - defence available
If D did NOT reasonably foresee the actions if the third party

Question 3

Acts of God (defence)

Answer 3

the escape is due to natural causes that no human foresight could have guarded against NICHOLS V MARSLAND

Question 4

Statutory authority- defence

Answer 4

If the escape is caused by something the D Is legally obligated to do under an act of parliament

Question 5

Acts/ defaults of the claimant

Answer 5

Default of the claimant where the damage is due to the act or default of the C

Question 6

Consent of the claimant

Answer 6

C expressly/ impliedly consent to the D accumulating the thing

Question 7

That is only one remedy for rylands V Fletcher

Answer 7

Damages (compensation)

Question 8

Remedies: damages (compensation)

Answer 8

The C Can claim compensation for any damage suffered