Statutory authority: this is a complete defence if the accumulation of the thing
was statutorily sanctioned.
(i) Plaintiff's Consent or benefit: the plaintiff cannot complain of the escape if he
benefits from the accumulation or expressly or implied consented to it.
(ii) Contributory negligence: this defence is available to the defendant if the
plaintiff contributed to the escape.
Its effect is to reduce the amount payable as damages.
(iii) Strangers or third parties: the defendant is not liable if the escape was occasioned by
an unforeseen act of a stranger.
(iv) Act of God: this defence may be relied upon if the escape is wholly attributable to
natural causes. The circumstances must be such that human foresight could not have
recognized the escape as a possibility.
maurice.mutuku answered the question on April 25, 2018 at 09:11
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