All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
74.

The rule of Strict Liability is based on the decision in :-

A: Donoghue Vs Stevenson
B: Homes Vs Ashford
C: Rylands Vs Fletcher
D: None of the above

The answer is: C

Explanation

The correct option is C: Rylands Vs Fletcher.

The rule of strict liability is based on the decision in this case, which was pronounced by the House of Lords in 1868. According to the rule, if any person brings any dangerous thing on his land for non-natural use and that dangerous thing has the ability to escape on its own and causes harm, such person shall be liable for it even though there was no negligence on his part. This rule is also known as the 'no-fault' liability, as it does not depend on the fault of the defendant, but on the nature of the thing and the use of the land. The rule has some exceptions, such as act of God, wrongful act of a third party, plaintiff's own fault, etc.