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  • Read the following passage and answer the questions. The strict principle of law is: sics utere tuo ut alienum non laedas; it means, everyone must so use his own as not t

Read the following passage and answer the questions.

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: A farmer wants an aggressive and intimidating dog and asks X, a fellow farmer to lend him his pitbull dog, which proceeds to kill Q’s chickens. Decide.

 

Option: 1

Q can ask for damages from X

 


Option: 2

Q cannot ask for damages from X

 


Option: 3

Q can ask for damages but he must come to court with clean hands

 


Option: 4

Q cannot ask for damages but some other relief

 


Answers (1)

best_answer

One of the exceptions to the rule of strict liability is when the plaintiff himself is at fault. When it is the fault of the plaintiff himself due to which his property or person has been damaged, he cannot claim damages from the defendant.

Posted by

Ajit Kumar Dubey

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