Ryland V Fletcher defences AO1

An Act of a stranger (Ribee)

D will have the defence if a stranger (who they have no control over) is the cause of the escape, which then causes damage

An Act of God (Carstairs)

If an event that is unforeseeable happens (eg weather), D will have the defence

What is statutory authority (Chelsea Waterworks)?

An Act of Parliament authorises D’s actions (legal permission)

What is common benefit (Peters)?

If C receives a benefit from the thing that accumulated, D will have a defence

If the claimant is at fault (Dunn)?

If the escape is due to actions of C, D will have the defence

What kind of defence is Contributory Negligence (CN)?

A partial defence

What is the act CN comes under?

The Contributory Negligence Act 1945

What is Contributory Negligence and how does it impact damages?

C has played a part in the escape→damages are reduced by 25%