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प्रश्न
Legal Principle: A person is liable to compensate others for harm caused by the escape of any inherently dangerous material that he keeps on his land.
Fact Situation: Ankit lights a bonfire in his courtyard to warm himself up during a cold winter evening. A strong wind suddenly blows some sparks from the fire, on to his neighbour’s house which catches fire and gets completely destroyed.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Ankit’s neighbour is liable to Ankit for the distress caused by keeping a house that catches fire so quickly.
Ankit is not liable because nobody could foresee that the sudden wind will blow the sparks to cause a fire.
Ankit’s neighbour cannot make Ankit liable for the loss of his house since it was an accidental fire that destroyed it.
Ankit is liable to compensate because the fire escaped from his premises to burn down his neighbour’s house.
उत्तर
Ankit is liable to compensate because the fire escaped from his premises to burn down his neighbor’s house.
Explanation:
The liability cast on such person who is holding or keeping dangerous article in his home is known, in law, as strict liability, for all the damage which is the natural consequence of its escape in a hazardous or inherently dangerous activity and harm is caused on anyone on account of the escape of such dangerous thing, the holder or keeper is strictly and absolutely liable to compensate those who are injured or incurred losses. Thus Ankit is liable to compensate because the fire escaped from his premises to burn down his neighbor's house is the correct answer.
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संबंधित प्रश्न
Principle: Whoever attempts to commit the offense of cheating, commits an offense.
Facts: A with an intention to defraud B, obtain from him an amount of Rs. 500.
What kind of contact must the plaintiff prove as an element of the tort of battery?
Development of the law of tort has taken through:
In most cases, a threat of violence made over the telephone cannot constitute an assault. Which of the following most accurately explains why not?
PRINCIPLE Where the plaintiff himself is in fault, the defendant shall not be answerable for the harm brought on by the plaintiff's own actions.
FACTS Jimmy had put up a board in his house warning all trespassers of 'Beware of Dogs'. Jimmy arrived home using a cab and since he did not have the wallet asked the driver to stay outside. He received a long-distance phone call and spoke for 20 straight minutes. The cab driver outside was getting very restless and was ringing the bell which turned out to be broken. Left with no other alternative the driver came in only to be bitten black and blue by Jimmy's Rottweiler. In a suit brought by the cab driver
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.
Facts:
Rama Bhai was an uneducated widow and she opened a'S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. 'Keshav used to deposit the money of Rama Bhai from time to time' and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
(a) Syndicate Bank shall be liable to compensate Rama Bhai.
(b) Syndicate Bank shall not be liable to compensate Rama Bhai.
(c) Rama Bhai cannot blame others for her negligence.
Possible Reasons
(i) Keshav was not an employee of the Bank when the fraud" was committed.
(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshay.
(iii) It is the Bank's duty to take care of vulnerable customers.
(iv) Rama Bhai should have checked about Keshav in her own interest. Your decision with the reason
Principle: A person who commits an unlawful act towards another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof.
Facts: Mr. Rajender Singh was riding his scooter on the right side of the road which is illegal as per the Traffic Rules. Mr. Rajesh Chawla was driving his car in the opposite direction. The two vehicles collided and resulted in loss of Rs. 50,000/- to Mr. Rajender Singh. This includes his medical expenses and damage to the scooter. In this accident, there is no fault on the part of Mr. Rajesh Chawla.
Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at the emergency/casualty ward), the doctor opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal principle: A partner is liable for the debts incurred by the other partners in the course of the partnership.
Factual situation: Satwik and Prateek enter into a partnership to produce a film, wherein Satwik also directs the movie. The movie bombed at the box office. Consequently, they run into financial difficulties and the partnership ends. Prateek goes to Abbas to borrow some money, which Abbas understands is for repaying the debts from the partnership. Prateek takes the money and absconds to Malibu. Abbas sues Satwik for the amount. Decide. DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defense to action in negligence.
Facts:
A team of scientists imported a virus for the purpose of research. They carried out research on their premises into foot and mouth disease in cattle, and they were apparently responsible for the escape of some virus. As a result, there was an outbreak of foot and mouth disease in the area, and the Minister of Agriculture ordered two markets to be closed. This caused some of the traders, who were two firms of auctioneers, to suffer a loss of profits on a total of six market days, from which they sought to recover. Decide whether the scientists owed a duty of care towards the traders?
