From my risk management tenure at GCB Bank, tort law (Topic 6) protects against liabilities like property damage, relevant in banking operations involving premises or securities.

(a) Rule in Rylands v Fletcher (1868) (10 marks)

This strict liability rule holds a person liable for damage caused by escape of something dangerous accumulated on their land for non-natural use, without proving negligence (Rylands v Fletcher, LR 3 HL 330). Elements:

• Accumulation of dangerous thing (e.g., water reservoir).
• Non-natural use of land.
• Escape causing damage. In Ghana, adopted via common law; applies to banks storing hazardous materials (e.g., chemicals in vaults) or environmental risks in financed projects under BoG’s sustainable principles. Example: Liability for leaks from bank-owned properties post-2019 cleanup asset acquisitions.

(b) Defences to the Rule (10 marks)

1. Act of God: Unforeseeable natural events (e.g., earthquake); no liability if escape due to this.
2. Plaintiff’s Consent/Volenti Non Fit Injuria: Victim agreed to the risk (e.g., neighbor consents to reservoir).
3. Plaintiff’s Default: Damage from victim’s fault (e.g., tampering).
4. Statutory Authority: Accumulation authorized by law (e.g., public utilities).
5. Act of Third Party/Stranger: Independent act causes escape, not defendant’s fault.
6. Common Benefit: Thing accumulated for mutual benefit.

In banking, defences aid in disputes over secured properties (e.g., industrial sites), ensuring compliance with tort liabilities under vicarious rules.