Question

LEGAL PRINCIPLE : The occupier of a premises owes a duty of care to all his invitees and visitors.

FACTUAL SITUATION : Devi who was the owner of a big home with a compound wall, constructed an underground tank to store water. This was covered by jute bags since the work was incomplete. The postman who came inside to deliver registered letter, fell into this tank and hurt himself. There was also a box on the outside of the compound wall where all the mail could be deposited. The injures man filed a suit against Devi claiming compensation.

DECIDE

• A. Devi is not liable, because she did not invite the postman to her house.
• B. Devi is not liable, because the postman could have delivered the letter in the box on the outside of the compound wall
• C. Devi is not liable because the postman was required to take care of himself
• D. Devi is liable because the postman came into the premises in the course of his duty.

Answer 1

Answer: (D)

Devi is liable because the postman came into the premises in the course of his duty.

As a registered letter cannot be in put in a letter box which was on the compound wall the postman had to come inside. Therefore option (d) stands clear as per the given legal principle.