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: It is settled principle that an occupier should not do a act without adequate warning if he knows or suspects that a trespasser is present.

FACTUAL SITUATION: 'A' was cutting a large tree on his land. Some boys were fooling around nearby. 'A' paid no attention and the tree fell, one of the boys was hit by a branch and suffered injury.

DECIDE.

• A. The boy was illegally present and cannot claim protection of law.
• B. 'A' was liable as he did not give warning of the danger likely to arise by the falling tree although he knew that the boys were present nearby.
• C. 'A' is not liable as there is no duty to warn a person present illegally on the occupier's premises.
• D. None of these

Answer 1

Answer: (B)

'A' was liable as he did not give warning of the danger likely to arise by the falling tree although he knew that the boys were present nearby.

In the above situation A was negligent as he did not give notice of the danger likely to arise by the falling tree to the boys present nearby.Hence he is liable for the injury suffered by one of the boys.