हिंदी

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.

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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?

विकल्प

  • 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.

MCQ
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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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Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2017-2018 (May) Set 1

संबंधित प्रश्न

Principle: Use of criminal force intentionally knowing that it would cause or is likely to cause injury or annoyance to the person against whom force is used, is an offense.

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Principle: One who dishonestly mis­appropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.

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The principle is to be applied to the given facts and to choose the most appropriate option:

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1. P offered to sell his house for Rs. 20 lakhs to R; R told P that he was interested to buy a house for 15 lakhs only.
2. C was looking for a house for not more than 25 lakhs; P informed C that his house was available for 20 lakhs.
3. K wanted to buy some old furniture; L told K that he would sell his furniture for Rs. 10, 000.
4. R advertised to sell his old car for a price of Rs. Three lakhs; S found the advertisement and offered to buy it for Rs. 2 lakhs 50 thousand; R agrees to sell it to S.

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Who is an Ombudsman?


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Which of the following statements concerning enforcement agreement is true?


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Facts: A had to buy groceries from the shop across the road from his house. As A had to leave for a meeting he was in a hurry. He tried to cross the road, all of a sudden, without looking and was hit by B's car. Is A guilty of contributory negligence?


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

  1. 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or anyone claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
  2. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge.

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