LEGAL PRINCIPLES : 1. No fault liability means liability of a person even without any negligent act on his part and even if he has taken due care and caution. 2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damagecaused if the thing escapes. 3. No one can be penalized for an Act of God which is unforeseeable and unpredictable. FACTUAL SITUATION : B owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, oneof the wires snapped and was hanging down. A, a cyclist who was driving in the night, saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs suedA on ground of strict liability. Decide. DECISION :

Question

LEGAL PRINCIPLES : 1. No fault liability means liability of a person even without any negligent act on his part and even if he has taken due care and caution.   2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damagecaused if the thing escapes.   3. No one can be penalized for an Act of God which is unforeseeable and unpredictable.   FACTUAL SITUATION : B owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, oneof the wires snapped and was hanging down. A, a cyclist who was driving in the night, saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs suedA on ground of strict liability. Decide.   DECISION :

Examsnet · Accepted Answer

Correct Answer is :  A is liable because supplying electricity is an inherently dangerous use of land and he should have been careful.

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