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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: X and Y live in the same building. X installs a water tank on Y’s terrace to service both their flats in Y's absence because he went on an office trip. The water overflows from the tank one day and causes extensive damage to one of the walls of Y’s flat. Decide.

 

Option: 1

Y cannot claim any damages because the tank was installed for the benefit of Y too

 


Option: 2

Y can claim damages from X because X installed the tank without Y's consent

 


Option: 3

Y can claim damages because X did not inform Y of the risk of water overflow


Option: 4

Y cannot claim damages from X because with benefits come the liabilities and overflow of water is normal wear and tear


Answers (1)

One of the exceptions against the rule of strict liability is when Work is maintained for the common benefit of the plaintiff and defendant, with the consent of the plaintiff. Then the plaintiff cannot claim damages. But here Y can claim damages because X never took his consent. 

 

Posted by

Sumit Saini

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