Examveda
Examveda

Principle: A person is duty bound to act with such reasonable caution as a prudent man would have exercised under such circumstances.
Facts: The defendant 'D', built a hay stack near the boundary of his land which bordered the plaintiffs land. He had been warned several times by many in the vicinity over a period of five weeks that the manner in which he built the hay stack was dangerous. The defendant's hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, but one day it caught fire. Consequently, the hay ignited and spread to the plaintiffs land, burning down two of the plaintiffs cottages.
Is 'D' liable?

A. There is no duty on the defendant to be responsible for the consequential damage

B. As the hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, 'D' could be said to have taken reasonable care and hence he is not liable

C. The defendant ought to adhere to the rule which requires in all cases a regard to caution such as a man of ordinary prudence would observe and hence, 'D' is liable

D. According to the principle of strict liability, 'D' is liable to compensate the loss to his neighbour

Answer: Option C


This Question Belongs to Law >> Law Of Torts

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The maxim 'scienti non fit injuria' means

A. Where there is no fault, there is no remedy

B. Mere knowledge does not imply consent to take risk

C. Mere giving consent does not imply to take risk

D. Scientific knowledge is not enough to cause injury