Examveda
Examveda

Principle: If an injury is the result of a reasonably foreseeable cause, the person/authority responsible is liable for damages because he has a duty to take reasonable measures to prevent it.
Facts: Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrence. District Cricket Association (DCA) claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk. Is there a duty on the part of the District Cricket Association (DCA) to prevent the risk? Is the District Cricket Association (DCA) liable to compensate Janet?

A. Yes. As 10 balls had escaped the field, the risk was reasonably foreseeable. The District Cricket Association (DCA) is responsible and is liable for damages because it has a duty to take reasonable measures to prevent it

B. No. As only 10 balls had escaped the field in the previous 10 years, it was an unforeseeable risk

C. Yes. A person owning a Cricket field is expected to compensate any injury arising out of and in the course of using the cricket field

D. No. Anyone who has chosen to stay near a cricket field is doing so at his own risk and is bound by the rule, volenti non fit injuria

Answer: Option A


This Question Belongs to Law >> Law Of Torts

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Related Questions on Law of Torts

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