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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.
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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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संबंधित प्रश्न
Principle: An employer is liable for an injury caused by an employee in the course of employment.
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Public nuisance include
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A’ was a trader in gold. There he was arrested by Police and was detained in the police lock-up after search. The gold with him along with sundry other things was seized. Later he was discharged. His possessions seized by the police were returned, except the gold. HE moved against the State in tort. In the words of the Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized.” One of the Constables was a Muslim. He fled with gold to Pakistan.
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