X and his wife went for shopping leaving behind their dog in their car which they had locked after…
Since X had taken reasonable precautions and the dog's unexpected action in breaking the glass could not have been anticipated or guarded against by ordinary care, X can…
Choose your answer
X and his wife went for shopping leaving behind their dog in their car which they had locked after pulling up the glasses of the windows. For reasons unknown, the dog probably got excited and broke the rear glass, probably with its paws and jumped out. A fragment of the broken glass flew at the face of one Y, a passerby, and pierced into his eye resulting in its loss. Y sued X for damages alleging negligence on the part of X. What defence can X take?
Answer and explanation
Correct answer C
Since X had taken reasonable precautions and the dog's unexpected action in breaking the glass could not have been anticipated or guarded against by ordinary care, X can plead "Inevitable accident", negating the alleged negligence.
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