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rules of strict liability for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:26 PM | #CLAT

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  • 7 Questions around this concept.

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Passage VII

The strict principle of law is: sics utere tuo ut alienum non laedas; it means, everyone must so use his own as not to do damage to another. When this maxim is applied to landed property, it is necessary for the plaintiff to show not only that he has sustained damage but also that the defendant has caused it by going beyond what is necessary in order to enable him to have the natural use of his own land.

The owner or occupier of the land may lawfully use it for any purpose for which it might, in the ordinary course of the employment of land, be used. And for such natural uses of land, an owner will not, in the absence of negligence, be liable, though damage results to the neighbor. But, for any non-natural user, such as the introduction to the land of something which, in the natural condition of the

land, is not upon it, he is liable if damage results to his neighbour. A person who, for his own purpose, brings on his land and collects and keeps there, anything likely to do mischief if it escapes, must keep it in and at his peril; and if he does so, he is prima facie answerable for all the damage which is the natural consequence of its escape. This is known as the rule in Rylands v Fletcher (also known as "the wild beast theory”. Indian Law: It has been held in several cases that the principle of Rylands v. Fletcher applies in India.

Question:

Amar unleash its aggressive dog that was on Akbar’s premises and the dog went on to kill Anthony’s chickens, Akbar wired the premises and latched the outer door at all times. Anthony filed suit for damages against Akbar. Who is responsible for the loss of chickens?

If you are a lawyer and your opposing party makes a claim against your client of strict liablity. which of the following  defence can be taken by your client against such claim of stric liablity in the court ?

Strict liablity is only applicable in which of the following case ?

Concepts Covered - 1

Rules of Strict Liability
  • Strict liability is a legal principle that holds a person or organisation liable for damages caused by their activities, even if they were not negligent or at fault.
  • This is in contrast to the traditional negligence standard, which requires the plaintiff to prove that the defendant owed them a duty of care, breached that duty, and caused the plaintiff's injuries.
  • Strict liability is often imposed on activities that are considered to be inherently dangerous, such as the use of explosives or the release of hazardous substances. 
  • It is also sometimes imposed on activities that are not inherently dangerous, but that pose a significant risk to the public, such as dog ownership or the sale of products.

Essential ingredients of strict liability:

  1. The defendant must have engaged in an activity that is subject to strict liability.
  2. The defendant's activity must have caused the plaintiff's injuries.
  3. The plaintiff's injuries must have been foreseeable.

Defences to strict liability:

There are a few defences that may be available to a defendant in a strict liability case. These include:

  1. Act of God:An event that is unforeseeable and unavoidable, such as a natural disaster.
  2. Plaintiff's contributory negligence/ plaintiff the wrongdoer:  If the plaintiff's own negligence contributed to their injuries, they may not be able to recover full damages from the defendant.
  3. Volenti non fit injuria: If the plaintiff knowingly and voluntarily assumed the risk of injury, they may not be able to recover damages from the defendant.
  4. Common use products: Strict liability is generally not imposed on sellers of common use products, such as food and clothing.
  5. Unavoidably unsafe products:If a product is unavoidably unsafe, even with the best possible safety features, the seller may not be held strictly liable for injuries caused by the product.
  6. Statutory authority : If a defendant was using the best available technology and safety procedures at the time of the accident, they may not be held strictly liable.

Case law and its application:

  • One of the most famous cases involving strict liability is Rylands v Fletcher (1868). In this case, the defendant constructed a reservoir on his land. The reservoir leaked and flooded the plaintiff's mine, causing significant damage. The court held that the defendant was strictly liable for the damage, even though he was not negligent.
  • Another important case involving strict liability is Greenman v Yuba Power Products (1963). In this case, the plaintiff was injured when a defective wood chipper manufactured by the defendant malfunctioned. The court held that the defendant was strictly liable for the plaintiff's injuries, even though the defendant had not been negligent.

Strict liability has been applied to a wide range of activities, including:

* Product liability

* Animal bites

* Environmental pollution

* Keeping wild animals

* Using explosives

* Storing hazardous substances

  • Strict liability is an important legal principle that helps to protect the public from harm. It encourages businesses and individuals to take all reasonable steps to prevent accidents, even if those accidents are caused by activities that are not inherently dangerous.

Here is an example of how strict liability might be applied in a real-world situation:

  • Illustration: Company manufactures and sells a type of car that has a defect in the braking system. As a result of the defect, a car crashes and the driver is injured. The driver can sue the company for strict liability, even if the company was not negligent in designing or manufacturing the car. The driver only needs to prove that the defect caused the crash and that they were injured.
  • Loophole: The company may be able to defend against the strict liability claim by arguing that the driver assumed the risk of injury. For example, if the driver knew about the defect before the crash and still chose to drive the car, the company may be able to argue that the driver assumed the risk of injury.
  • However, even if the driver assumed the risk of injury, the company may still be held liable if the driver's injuries were unforeseeable. For example, if the driver suffered a serious brain injury in the crash, the company may still be held liable, even if the driver knew about the defect and assumed the risk of minor injuries.
  • Strict liability is a complex area of law and there are many exceptions to the general rule. If you have been injured by a product or activity that is subject to strict liability.

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