RvF: Defences

• What are the six defences to Rylands V Fletcher?

  Act of God

  Act of stranger

  Statutory authority

  Common benefit

  Claimant's fault

  Contributory negligence
• 1 ) Act of God

  Natural event too big to foresee (Nichols)
• 2 ) Act of a stranger

  Act of a stranger D. has no control over (Perry)
• 3 ) Statutory authority

  Escape occurs during activity authorised by statute - as long as D. wasn't negligent (Green)
• 4 ) Common benefit

  Accumulation benefits C. and D. (Dunne)
• 5 ) Claimant's fault

  Escape is due to C's fault (Dunn)
• 6 ) Contributory Negligence

  C. contributed to damage + if damage made worse by highly sensitive nature of C's land