Defences

• Consent


  no liability where the claimant has consented to the thing that is accumulated by the defendant
• Act of a stranger (Perry v Kendricks)


  if a stranger over whom the defendant has no control has been the cause of the escape causing the damage, then the defendant may not be liable
• Act of God (Nichols v Marsland)


  extreme weather conditions that 'no human foresight can provide against'
• Contributory negligence (Ponting v Noakes)


  where the claimant is partly responsible for the escape of the thing
• Statutory authority (Charing cross electricity v Hydraulic)


  if the terms of an act of parliament authorise the defendants actions, this may amount to a defence - must check what act says