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Legal Principle: 1. No-fault Liability Means the Liability of a Person Even Without Any Negligent Act on His Part and Even If He Has Taken Due Care and Caution. - Legal Reasoning

MCQ

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
1. No-fault liability means the liability of a person even without any negligent act on his part and even if he has taken due care and caution. 
2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes. 
3. No one can be penalized for an Act of God which is unforeseeable and unpredictable. 

Factual Situation: B Owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, one of the wires snapped and was hanging down A, a cyclist who was driving in the night,  saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs sued A on the ground of strict liability. Decide. DECISION:  

Options

  • A is not liable because B must have stayed indoors on a windy day.

  • A is not liable because B's negligence caused him injury.

  • A is liable because supplying electricity is an inherently dangerous use of land and he should have been careful.

  • A is not liable because of sudden storm and winds without A's negligence was an Act of God.

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Solution

A is not liable because of sudden storm and winds without A's negligence was an Act of God.

Explanation:

A is not liable for the negligence because whatever happened was not in the hand of A and it's a matter of act of God. 

Concept: Law of Torts (Entrance Exams)
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