Q: What are the exceptions of strict liability ?

Ans: Exceptions of strict liability

1. Plaintiff’s own fault- Ponting vs Noakes would be a perfect example. In this instance, the plaintiff's horse entered the defendant's property, ate some wild tree leaves, and passed away. The damage would not have been caused if the plaintiff's horse had not trespassed on the defendant's property. Hence, the defendant was not held accountable. As there was no way out, the strict responsibility rule would not be applicable.

2. Act of God- Whatever natural occurrence that is unpredictable, uncontrollable, or unavoidable is not to be held responsible for any damage it does. In Nicholas v. Marsland, 1876, the plaintiff's four bridges were destroyed when the defendant's artificial lake flooded due to heavy rains. To obtain the damages, the plaintiff filed a lawsuit. It was decided that the defendant was not responsible since an act of God caused the accident.

3. Volenti non-fit injuria/ mutual benefit- 

Volenti non fit injuria is a very good defence in law of tort. In this defence the defendant who have committed the tort is completely exempted from the liability because the plaintiff or victim already gave his consent to the commission of such an act.

If two people introduce something artificial for their mutual advantage and it causes damage, neither of them may sue the other for compensation.

4. Act of stranger- The defendant will not be held accountable by this rule if any harm was brought by a third party over whom the defendant had no influence.

5. Statutory authority- A defence to a tort claim is an act performed under the authority of a statute.

Comments

Post a Comment

Popular posts from this blog

Difference between Injuria Sine Damno and Damnum Sine Injuria ?

Ans: Tort in Injuria Sine Damno and Damnum Sine Injuria. Injury means the legal right has been violated.  In Injuria Sine Damno, there is an injury without damage.  Here, the legal right has been violated  but there is no damage and the essential condition in Tort is that the legal right must be violated. Thus, Injuria Sine Damno is to be considered in Tort.  Damnum Sine Injuria means there are damages but there is no injury. Here, there are damages but the legal right has not violated. The essential condition in tort is that the legal right must be violated but here there is no violation of legal right. Hence, Damnum Sine Injuria is not considered in tort.
Read more

Q: What is Re Polemis Case in tort of remoteness of damage?

Ans: In Re Polemis case, court rejected test of reasonable foresight and applied test of directness of tort of remoteness of damage.  Re Polemis Case The defendant hired (chartered) a ship. He loaded ship with tin of benzene and petrol. Due to leakage of the tins some petrol collected on the hold of ship. Due to negligence of defendant servant, a plank fell on the hold and spark caused fire in the whole ship. Ship was burnt totally. Here defendant was held liable although he cannot reasonable foresee. Test of directness was applied.
Read more

Q: Elaborate the citation of Rajasthan v. Mst. Vidhyawati and another (1962) ?

Ans:  The State of Rajasthan v. Mst. Vidhyawati and another (1962). Lokumal i.e. Defendant no. 1, a temporary employee of the State of Rajasthan was employed as a motor driver (on probation) of a government jeep car under the Collector of Udaipur. The car had been sent for repairs. On February 11, 1952, while driving the car back from the workshop after the repairs were done, defendant no. 1 knocked down one Jagdishlal, who was walking on the footpath by the side of the public road. Jagdishlal was severely injured and his skull and backbone were fractured. Three days later, he died in the hospital.  The court held that the state will be liable to pay compensation for the Tort of his employee.
Read more