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Rule of Law. A Person Who For His Own Purposes Brings On His Lands and

The document discusses a legal case regarding liability for damages incurred when something brought onto one's land escapes and causes harm. The lower court found the defendant's use of land was unreasonable and resulted in harm to the plaintiff. The concurrence clarified the applicable rule and that the factual determination of damage was also at issue.

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Rakshi Padhan
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39 views1 page

Rule of Law. A Person Who For His Own Purposes Brings On His Lands and

The document discusses a legal case regarding liability for damages incurred when something brought onto one's land escapes and causes harm. The lower court found the defendant's use of land was unreasonable and resulted in harm to the plaintiff. The concurrence clarified the applicable rule and that the factual determination of damage was also at issue.

Uploaded by

Rakshi Padhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Rule of Law.

 A person who for his own purposes brings on his lands and
collects and keeps there anything likely to do mischief if it escapes, must keep
it in at his peril, and, if he does not do so, is prima facie answerable for all the
damage which is the natural consequence of its escape.
Issue. Was the use of Defendant’s land unreasonable and thus was he to be
held liable for damages incurred by Plaintiff?

Held. The lower court judgment was affirmed, stating in essence that the Defendant’s use of the land
was unreasonable, engaged in without proper caution, and resulted in harm to the Plaintiff.

Concurrence. The concurrence states more clearly the rule to be applied (see above), noting also that
more than the due care which was owed to plaintiff, at issue was the factual determination of damage:
“[w]hen one person in managing his own affairs causes, however innocently, damage to another, it is
obviously only just that he should be the party to suffer.”

The institute is headed by the Dean of the Foreign Service Institute, who is an officer of the Indian
Foreign Service of the rank of Secretary/Joint Secretary to the Government of India. Other officers
deputed to the institute are – two Joint Secretaries, a Deputy Secretary and an Under Secretary; but this
composition may change from time to time. The institute, within its premises, also has a hostel and a
few flats for the Officer Trainees of the Indian Foreign Service and other officials on deputation to the
institute respectively.

The institute was renamed as Sushma Swaraj Institute of Foreign Service on 14 February 2020 in honour
of former Minister of External Affairs of India Sushma Swaraj on her 68 th birth anniversary.

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