Discussing the case of Rylands Vs. Fletcher, state the rule of strict or absolute liability. Reyansh owns a large, well-maintained dog, which is kept in a secure kennel in Reyansh's backyard. The kennel has a gate which

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Discussing the case of Rylands Vs. Fletcher, state the rule of strict or absolute liability. Reyansh owns a large, well-maintained dog, which is kept in a secure kennel in Reyansh's backyard. The kennel has a gate which is generally locked and a high fence to ensure that the dog does not escape. One day, Vedant, a neighbour, climbs over the fence and opens the kennel gate, allowing the dog to run free. The dog then bites Kartik, another neighbour, who was walking by. Kartik files a suit for damages against Reyansh under the law of torts. Is Reyansh liable for damages under the rule of strict liability?

Answer & Explanation:

Rule of Strict or Absolute Liability (Rylands v. Fletcher): In some torts, the defendant is liable even though the harm to the plaintiff occurred without intention or negligence on the defendant's part. The Rule in Rylands v. Fletcher (1868) L.R. 3 H.L. 330 states that a man acts at his peril and is the insurer of the safety of his neighbour against accidental harm. Such duty is absolute because it is independent of negligence on the part of the defendant or his servants. Key elements of the rule: A person brings or accumulates on his land something likely to cause mischief if it escapes. The thing escapes. It causes damage to another. The use of the land is non-natural. Exceptions to the Rule: The rule of strict liability has several exceptions, one of which is the 'act of a third party'. If the harm has been caused due to the act of a stranger, who is neither the defendant's servant nor agent, nor someone over whom the defendant has any control, the defendant will not be liable. However, if the act of the stranger is foreseeable and preventable, the defendant must take due care to prevent the damage. In the given situation: Reyansh owns a dog kept in a secure kennel. Vedant, a neighbour, intentionally climbs over the fence and opens the kennel gate, allowing the dog to escape. The dog bites Kartik, another neighbour. Vedant's action of intentionally opening the kennel gate is an unforeseeable and deliberate act of a third party. Reyansh had taken reasonable precautions by keeping the dog in a secure, locked kennel with a high fence. The escape and subsequent injury were caused directly by Vedant's intervention, which Reyansh could not have reasonably anticipated or prevented. Conclusion: Reyansh may not be held liable for the damages to Kartik because the escape and subsequent injury were caused by the unforeseeable and deliberate act of a third party (Vedant), which is an exception to the rule of strict liability.

Topics: Law of Torts

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