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Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A person is liable for all the injurious consequences of this careless act.
FACTUAL SITUATION: Ramu, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.
DECIDE.

A
Ramu is not in a position to compensate as he is poor.
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B
Ramu is liable to compensate the child's family for his careless act.
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C
Ramu is not liable to anything as such things keep happening.
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D
The child should have taken adequate care for protecting herself from the snake bite.
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Solution

The correct option is B Ramu is liable to compensate the child's family for his careless act.
  • The principle of strict liability established in the case of Rylands v Fletcher states that if a person brings or collects any dangerous thing on his land or possession for his own purpose, must do so at his own peril. If the dangerous thing escapes, the person is liable for all the damages which are natural consequences of its escape.
  • In this instance, the snake charmer carries snakes, which are inherently dangerous things for his own purpose. So, letting them escape amounts to a careless act on his part which is bound to result in harm to onlookers. This establishes his strict liability.

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