Explain the exceptions to the rule of strict liability under Law of Torts.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Explain the exceptions to the rule of strict liability under Law of Torts.
Answer & Explanation:
The exceptions to the rule of strict liability under Law of Torts are as under: Damage due to Natural Use of the Land Things not essentially dangerous which is not unusual for a person to have on his own land, such as water pipe installations in buildings, the working of mines and minerals on land, the lighting of fire in a fire-place of a house, and necessary wiring for supplying electric light, fall under the category of "natural use" of land. Consent of the plaintiff Where the plaintiff has consented to the accumulation of the dangerous thing on the defendant's land, the liability under the rule of Strict Liability in Ryland v. Flethcher does not arise. Such a consent is implied where the source of danger is for the 'common benefit' of both. Act of Third Party If the harm has been caused due to the act of a stranger, who is neither defendant's servant nor agent nor the defendant has any control over him, the defendant will not be liable. Statutory Authority Sometimes, public bodies storing water, gas, electricity and the like are by statute, exempted from liability so long as they have taken reasonable care. Act of God If an escape is caused, through natural causes and without human intervention circumstances which no human foresight can provide against and of which human prudence is not bound to recognize the possibility, there is then said to exist the defence of Act of God. Escape due to plaintiff's own Default Damage by escape due to the plaintiff's own default was considered to be good defence of rule of strict liability in Rylands v. Fletcher itself. Also, if the plaintiff suffers damage by his own intrusion into the defendant's property, he cannot complain for the damage so caused.
Topics: Law of Torts
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