Question

LEGAL PRINCIPLE : The occupier of a premise owes a duty of care to all his invitees and visitor.
FACTUAL SITUATION : Radhika's brother, Akash,had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he get electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed?
DECISION :

• A. Yes, because in Indian tradition, guests are like Gods.
• B. No, because one has to be himself cautious about his safety.
• C. Yes, because it is the occupiers duty to take care of its visitors.
• D. No, because he himself is guilty of theft. He is no longer an invitee or visitor.

Answer 1

The correct option is D No, because he himself is guilty of theft. He is no longer an invitee or visitor.

It is not a case of easement because construction if a shed in Vijay's property also pretuding in the part of Namit's property. Moreover, easement is given for temporary period with the consent of the owner of the said property. Here, Vijay constructed the shed against the will of Namit. Therefore, this is not the case of easement.