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Principle: Whoever Causes Death by Rash Or Negligent Act Commits an Offence. Facts: X is Having a House on the Roadside Which is Also Having a Street on the Back of the House. He Has a Lawn

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Question

Principle: Whoever causes death by rash or negligent act commits an offence.

Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet.  To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death. 

Options

  • X has not committed any offence because he has the right to prevent trespass

  • X has committed an offence of causing death by rash and negligent act 

  • X has committed no offence because he does not have any enmity with X 

  • X has committed an offence of Murder 

MCQ
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Solution

X has committed an offense of causing death by rash and negligent act 

Explanation:

X has committed an offense of causing death by rash and negligent act. The act of fencing a private house with high voltage electric wires is a rash and negligent act because there is a danger of someone accidentally  touching it.   

shaalaa.com
Law of Torts (Entrance Exams)
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2018-2019 (May) Set 1

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