ExamVeda
Login
Home
This question belongs to Law Law Of Torts
Law of Torts
?

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

Answer & Solution
Correct Answer: Option D
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.
Examveda
Question posted by Examveda
Community

Join the Discussion

1 Comment
Rajiv Engti
Rajiv Engti 1 year ago
Can anybody explain this