Facts : "The defendant was a plaintiff's landlord and was living in the same building on the floor…
Because the rainwater box was maintained for the common benefit of both the landlord and the tenant, the tenant is taken to have consented to its presence, which is a…
Choose your answer
Facts : "The defendant was a plaintiff's landlord and was living in the same building on the floor above him. Some rats damaged a rain water box maintained by the defendant for the benefit both of himself and plaintiff and the water running through injured plaintiff's goods below." What action can be taken on the above mentioned facts in view of the exceptions to the theory of 'strict liability' ?
Answer and explanation
Correct answer C
Because the rainwater box was maintained for the common benefit of both the landlord and the tenant, the tenant is taken to have consented to its presence, which is a recognised exception (common benefit or consent) to the rule of strict liability. Absent negligence, "No action lie because of the consent of plaintiff".
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