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Which of the following is an essential ingredient to establish strict liability of the defendant?

A. Non natural use of land

B. Escape of dangerous thing

C. Negligence of the defendant

D. Only (A) and (B)

Answer: Option D

Solution (By Examveda Team)

The correct answer is D: Only (A) and (B).
Let's break down why:
Strict liability means a defendant is responsible for harm caused by their actions or possessions, even if they weren't negligent or didn't intend to cause harm.

Option A: Non-natural use of land:
This is a key element. It means the defendant was using their land in a way that isn't typical or ordinary. For example, storing large quantities of explosives would be considered a non-natural use.

Option B: Escape of a dangerous thing:
This is another crucial element. The "dangerous thing" (something likely to cause harm if it escapes) must escape from the defendant's property and cause damage elsewhere.

Option C: Negligence of the defendant:
This is where strict liability differs from negligence. In strict liability, you don't need to prove the defendant was careless or negligent. The fact that a dangerous thing escaped from a non-natural use of land is enough to establish liability.

Therefore, both a non-natural use of land AND the escape of a dangerous thing are required to establish strict liability.

This Question Belongs to Law >> Law Of Torts

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Comments (1)

  1. Rajiv Engti
    Rajiv Engti:
    3 months ago

    Can anybody explain this

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