Rylands Vs Fletcher (RVF): Defences

Question 1

What is Defence 1 that can be used in RvF? Give a case example.

Answer 1

Act of a Stranger- Where the dangerous thing escaped due to the actions of a person D has no control over. Perry Vs Kendricks.

Question 2

What is Defence 2 that can be used in RvF? Give a case example.

Answer 2

Common Benefit- Where the dangerous thing has been accumulated by D for either the common benefit of D and C, or just the benefit of C. Dunne Vs North West Gas.

Question 3

What is Defence 3 that can be used in RvF? Give a case example.

Answer 3

Volenti Non Fit Injuria- Where the claimant freely consents to a risk they understand. Peters Vs Prince of Wales Theatre.

Question 4

What is Defence 4 that can be used in RvF? Give a case example.

Answer 4

Act of God- Where the dangerous thing escaped due to unforeseeable extreme weather conditions. Nichols Vs Marsland.

Question 5

What is Defence 5 that can be used in RvF? Give a case example.

Answer 5

Statutory Authority- Where the thing was brought onto the land and accumulated under the authority of a law/statue. Charing Cross Electricity Vs Hydraulic Power.