Advertisements
Advertisements
Question
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?
Options
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.
Advertisements
Solution
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.
APPEARS IN
RELATED QUESTIONS
Principles: A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master. · In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.
Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'.
Mark the best option:
Facts: A had pawned his gold chain to B. One night he sneaks into B’s shop and takes away the gold chain. B had installed a CCTV in his shop and when he replays the previous days recording he finds out what A has done. B wants to file a complaint of theft against A. He comes to you for advice. Give legal advice to B.
Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to take it, is said to commit theft.
Legal Principle: Nuisance is the unlawful interference with a person’s enjoyment of his land or some rights over or in connection with it.
Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbor, complained that he cannot listen to his favorite TV show in his home due to the radio of Ashok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Mark the best option:
Principles: In case, where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
Facts: The Government of the State of X entered into an agreement with a retired Professor of Botany. Resultantly he wrote the book.
PRINCIPLE A master is liable for the acts of servant done in the course of employment.
FACTS A nurse was deployed for the care of an old invalid suffering a very painful and terminal illness in a hospice. A visiting doctor used to come in every week and prescribe certain medications. In order to alleviate the pain, she used to slip in certain narcotic drugs to the patient with whom she had developed a friendly relationship. The narcotics eventually reacted with the drugs of the doctor's prescription thereby inducing a fatal cardiac arrest in the patient. In a suit brought by the legal heirs of the patient, the suit shall
PRINCIPLE Vis major or an act of God entails a sudden manoeuvre by elements of nature over which we have no control.
FACTS In a bus accident where the driver died of a sudden cardiac arrest, the legal heirs of the deceased brought a suit against the bus company for not making the driver undergo the mandatory health and fitness test before giving employment. The bus company claims a defence of 'vis major'. The defence of vis major in this case shall
Unliquidated damages mean
In Torts, the remedy is
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 Principles:
Defamation means publication of a false and derogatory statement about another person without lawful justification.
Factual situation: A writes a defamatory letter to B containing defamatory remarks in reference of B in Urdu language. A is aware that B does not know Urdu. B goes C who knows Urdu and the letter is read over by C to him. B sues A for defamation. DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defense to action in negligence.
Facts:
A team of scientists imported a virus for the purpose of research. They carried out research on their premises into foot and mouth disease in cattle, and they were apparently responsible for the escape of some virus. As a result, there was an outbreak of foot and mouth disease in the area, and the Minister of Agriculture ordered two markets to be closed. This caused some of the traders, who were two firms of auctioneers, to suffer a loss of profits on a total of six market days, from which they sought to recover. Decide whether the scientists owed a duty of care towards the traders?
