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प्रश्न
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
पर्याय
Jimmy shall succeed as the cab driver came inside despite the warning
Jimmy shall succeed as the cab driver was a trespasser
Cab driver shall succeed because he did not read the board
Cab driver shall succeed because he was not a trespasser
उत्तर
Cab driver shall succeed because he was not a trespasser
