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Directions: Read the passage and answer the question that follows.
Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.
Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-
Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yew
Escape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.
Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.
Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.
Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.
  • a)
    V is not liable as this was an act of God that was beyond his control
  • b)
    V is liable as he was negligent
  • c)
    V is liable as this amount to unnatural use of land
  • d)
    V is liable under the strict liability of escape
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the question that follows.Abs...
This is the most appropriate answer to the given question.
According to the context of the passage, an act of God is a defence used in cases of torts when an event over which the defendant has no control over occurs and the damage is caused by the forces of nature. In such cases, the defendant will not be liable in tort law for such inadvertent damage.Hence, V is not liable for the damage in this case.
Therefore, this is the correct option.
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Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. A worked as an employee in a company owned by B, while she was on duty within the premises of the company, something exploded due to which A suffered injuries. A filed a case with the company. Decide.

Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. T took on rent a shop in the SC's premises after full knowledge of the fact that he had a theatre and rehearsal room attached to the same premises. The theatre had a water storage mechanism in case of an emergency. Unfortunately, the water container burst due to excessive frost, and the water leaked into the T's shop thereby damaging his goods. He sued S for payment of damages suffered by him.

Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. There was spontaneous growth of thistle plants in the land owned by X. He did not check the growth of this undesired vegetation which was extending to the Y's land also only to cause him annoyance and damage. Y filed a suit against X.

Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide,liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. When the master is held liable for the wrongful act of his servant, the liability is called

Compensation to victims is a relatively less recognised component of criminal justice. In a system that focusses mainly on the accused, an order of compensation is a recognition of the state’s obligation to victims of crime, especially horrific acts. In ordering the Gujarat government to pay Rs 50 lakh to Bilkis Yakoob Rasool Bano, a gang-rape survivor of the 2002 communal pogrom in the State who has bravely fought her case, the Supreme Court has endeavoured to achieve restitutive justice. Handing over the fine amounts paid by the accused as part of their sentence is one aspect of such justice; another aspect is for the court to ask the government to compensate the victim from its own coffers. A group of rioters had raped her as well as two other women, and killed seven members of her family at Randhikpur village on March 3, 2002. The Bench headed by Chief Justice of India Ranjan Gogoi awarded her Rs 50 lakh, besides asking the State government to provide her with a government job and a house.Ms. Bano’s case is indeed a rare one: criminal prosecution resulted in conviction and life sentences to 11 persons. The sentences were upheld by the Bombay High Court. Further, the court found deliberate inaction on the part of some police officers and that the autopsies were perfunctory and manipulated. The Supreme Court has asked for the pension benefits of three police officers to be withdrawn. In short, this is a concrete instance of state inaction and negligence that would normally justify the payment of a hefty compensation. Not every crime would have a similar set of circumstances. While convictions are not easy to come by in cases of mob violence, victim compensation may often be the only way to ensure some justice. The Code of Criminal Procedure was amended in 2008 to insert Section 357A under which every State government has to prepare a scheme to set up a fund from which compensation can be paid to victims of crime and their dependants who have suffered loss and injury and who may require rehabilitation. While on paper there is a mechanism to assess rehabilitation needs and pay compensation, there is a need to streamline the schemes and ensure that the compensation process is not done in an ad hoc manner, but is based on sound principles.Q. X has committed a murder of Y. After X has been apprehended and the case goes to trial, Y’s wife claims compensation taking the precedent of Bilkis Bano’s case. Which of the following is the most likely outcome?

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Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer?
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Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the question that follows.Absolute Liability: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of 'Act of God' or 'Act of Stranger'.Strict Liability: The Strict Liability principle is also called as 'No Fault Liability'. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. In the cases that I will now mention, the onus of being negligent can be ignored. In spite of all due care taken by the defendant, he will invariably be held for the consequences of the damages caused to any person outside of the boundary of the defendant's land by any hazardous thing that he maintained on the same stretch of land i.e. in spite of no intentional or unintentional fault of his, the defendant can be held liable hence, explaining the term 'No Fault Liability'. The earlier stated definition remains half done if the following terms are not emphasised upon:-Dangerous Thing: According to the above mentioned rule, the liability of escape of a thing from a person's land will arise only when the thing or substance collected is a dangerous thing i.e. a thing which is likely to cause mischief or damage to other people in person or their property on its escape. In various torts cases filed worldwide, liability have held "large body of water, gas, electricity, vibrations, yewEscape: The thing that has caused damage or mischief must 'escape' from the area under the occupation and control of the defendant.Non-natural use of land: Water collected on land for domestic purposes does not amount to non-natural use of land but storing it in huge quantity like that in a reservoir amounts to non-natural use of the land (Rylands vs. Fletcher). This distinction between natural and non-natural use of land can be made possible by its adjustment to existing social conditions. Growing of trees is held natural use of land but if the defendant is found to grow trees of poisonous nature on his land, then it is non-natural use of the land. If the land has been used naturally yet a conflict has risen between the defendant and the plaintiff, owing to natural use of land, the court will not hold the defendant liable.Mischief: To make the defendant liable under the doctrine of strict liability, the plaintiff needs to prove that the defendant made non-natural use of his land and escape of the dangerous thing caused mischief/damage to him. The resultant damage needs to be shown by the plaintiff after successfully proving that unnatural use of the land was done by the defendant.Q. V had some artificial lakes that he had formed by damming up a natural stream for several years. However, an extraordinary rainfall that year was greater and more violent than any rainfall ever witnessed there broke the artificial embankments by the stream, and the rushing water carried away with it four bridges of the land of Z.a)V is not liable as this was an act of God that was beyond his controlb)V is liable as he was negligentc)V is liable as this amount to unnatural use of landd)V is liable under the strict liability of escapeCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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