Explain five defences available to a person sued under the rule of Rylands vs Fletcher.(10 marks)November 2022

The rule of Rylands v Fletcher is a legal principle that holds a person liable for any damage caused by a non-natural use of land. The following are five defenses that may be available to a person sued under this rule:

1. Act of God: A defendant may argue that the damage was caused by an act of God, such as a natural disaster, and that they should not be held liable.
2. Volenti non fit injuria: A defendant may argue that the plaintiff consented to the risk of harm and should not be able to claim damages.
3. Statutory authority: A defendant may argue that they were acting under the authority of a statute or ordinance and should not be held liable.
4. Act of third party: A defendant may argue that the damage was caused by the actions of a third party and that they should not be held liable.
5. Inevitable accident: A defendant may argue that the damage was caused by an inevitable accident, which they could not have reasonably foreseen or prevented, and that they should not be held liable.