Legal Principle: In India the principle of absolute liability states that if anyone brings any dangerous object on his land which is an extraordinary use of his land and that thing escapes, he shall…
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Legal Principle: In India the principle of absolute liability states that if anyone brings any dangerous object on his land which is an extraordinary use of his land and that thing escapes, he shall be absolutely liable.
Factual Situation: A is a cinema owner and wishes to reduce his costs so as to increase his profit margins and also to provide round the clock electricity to his cinema theatre. He thus installs an electricity transformer within the premises. One day there occurs a thunder storm and the lightning hits the transformer resulting in an immediate fire which spreads to the theatre and kills at least 100 people and grievously injures more than 100 people including children. The families of the victims file a claim for damages. Decide.
Factual Situation: A is a cinema owner and wishes to reduce his costs so as to increase his profit margins and also to provide round the clock electricity to his cinema theatre. He thus installs an electricity transformer within the premises. One day there occurs a thunder storm and the lightning hits the transformer resulting in an immediate fire which spreads to the theatre and kills at least 100 people and grievously injures more than 100 people including children. The families of the victims file a claim for damages. Decide.
- A is liable because he has brought on his land a dangerous object which has resulted in injury to various people.
- A is not liable because the fire was due to an Act of God, and circumstances beyond his control, as he could not have known about the thunder storm and the subsequent fire.
- The families of the victims are not entitled to any claim as this is criminal offence and the State will prosecute and decide on compensation to be given to the families of the victims
- None of the given options is correct
Answer and explanation
Correct answer: A - A is liable because he has brought on his land a dangerous object which has resulted in injury to various people.
Indian absolute liability (M.C. Mehta) allows no exceptions, not even an Act of God. A brought a dangerous object, a transformer, onto his premises as a non-natural use, and harm resulted from it, so A is liable to the victims.
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CUSAT CAT Five-Year LL.B.
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