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 the question among the four choices given.

LEGAL PRINCIPLE: A person, who lawfully brings on his land something which through harmless, but will do mischief if it escapes, must keep it at his peril, and if he does not, he is answerable for all the damage.

FACTUAL SITUATION: 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing, engineers and contractors. 'B' was the owner of coal mines, under the land, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to flow of water through the channels connected with 'B''s mine. Is 'A' liable to pay damage for loss caused to 'B'?

• A. 'A' is not liable because there was no negligence on his part. He was not aware that the reservoir bed was connected to B's mines.
• B. 'A' is liable to pay damages to 'B' because he brought the water on his property which would have caused mischief if it escaped and it did escape.
• C. 'A' is not liable because 'B' never informed him the existence of B's mines.
• D. 'A' is liable because he hired the services of unqualified engineers.

Answer 1

The correct option is B 'A' is liable to pay damages to 'B' because he brought the water on his property which would have caused mischief if it escaped and it did escape.

• The factual situation closely resembles the case of Rylands v Fletcher. In this case, the defendant appointed certain contractors to construct a reservoir, just adjoining to the mines of the plaintiff. The contractors discovered some old coal shafts full with debris while carrying out the construction, but carried on with their work without blocking those shafts. Shortly after the completion of the construction, the reservoir burst and flooded the neighbouring mines of the plaintiff. A suit was brought on grounds of negligence and the House of Lords fixed liability on the defendant on the basis of a newly introduced principle in law of torts-strict liability.
  
• The principle of Strict liability states that any person who wishes to keep dangerous things in their possession, which is likely to cause mischief if escapes, is required to keep it at his own peril. If any mischief is caused, liability can be imposed even in the absence of any wrongful intent ot direct negligence on the part of the defendant.