ICANBusiness LawLaw of Torts and Negligence2022

QUESTION 2 Lekki Industrial Chemicals Ltd operates a chemical manufacturing plant in Ogun State adjacent to an agricultural estate owned by Mr. Chukwuma. As part of its manufacturing operations, Lekki Industrial Chemicals Ltd constructed an artificial overhead storage reservoir to store large quantities of highly acidic liquid waste. During an extraordinarily heavy downpour (which was uncommon but not unprecedented for the rainy season), the retaining wall of the chemical reservoir ruptured. Over 50,000 liters of acidic effluent escaped onto Mr. Chukwuma's land, completely destroying his high-value commercial fish ponds and killing fish stock valued at N18 million. Soil tests revealed that the land has suffered long-term contamination. Mr. Chukwuma has sued Lekki Industrial Chemicals Ltd claiming damages under the Rule in Rylands v. Fletcher and the tort of Private Nuisance. Required: (a) Analyze the rule in Rylands v. Fletcher (1868) and explain the four (4) essential elements Mr. Chukwuma must establish to succeed under this head of claim. (10 Marks) (b) Critically examine three (3) recognized defenses available to a defendant under the Rule in Rylands v. Fletcher and evaluate whether Lekki Industrial Chemicals Ltd can successfully rely on the defense of 'Act of God' (Vis Major). (6 Marks) (c) State two (2) judicial remedies available to Mr. Chukwuma under the Law of Torts for the ongoing damage to his land. (4 Marks) (Total: 20 Marks)

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