Question

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: The occupier of a premise owes a duty of care to all his invitees and visitors.

Factual situation: Lalit was running a dairy from his house. People used a dart of his farm as a shortcut to get to a nearby railway station. Lalit who did not approve of this, put up a notice that “Trespassers will be prosecuted”. However, since a number of these people were also his customers he tolerated them. One day a person who was using this short cut was attacked by a bull belonging to the farm. The injured person filed a suit against him. DECISION:

Options

• Lalit is not liable in view of the clear notice against trespassers.

• Lalit is liable for having kept a bull on his farm.

• Lalit, is not liable to the people other than his customers.

• Lalit is liable because in fact he allowed the people to use his premises

Answer 1

Lalit is liable because in fact, he allowed the people to use his premises

Explanation:

Lalit is liable because inspite of clear notice against the  trespassers, he allowed then to use the farm's short cut.