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Question
PRINCIPLE The Right to private defence entitles you the licence of force in the failure of other options to the extent of harm faced and proportionate resistance likewise.
FACTS X had a snake farm where he used to ·extract venom from the snakes and sell them for medicinal uses. One such neutralised snake entered into Y's property and into his child's nursery. On being tried to be removed the snake got aggravated and was therefore killed by Y's servant. In a suit brought by X against Y.
Options
Y is to compensate for the action of X on account of vicarious liability
Y is to compensate X for not taking steps to determine as to whether the snake was venomous or not and as such the force was disproportionate
Y is not to compensate X as X should have ensured his snake did not leave X's premises
X is not to compensate as the act was one not proportional with the threat at hand
Solution
X is not to compensate as the act was one not proportional with the threat at hand
