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Report No. 01

E. Common law duties attaching to ownership, occupation, possession, or control of property:

A person who is the owner or occupier of land has got various duties not to harm others which may be classed under four general heads:-

(1) Not to commit trespass, which may be committed not only by physically entering into the neighbour's land, but by directly causing any physical object or material from his own land to cross the boundary over his neighbour's land.

(2) Not to commit nuisance, that is to say, interference with the neighbour's enjoyment of property, by a wrongful use of own property.

(3) Not to injure any person towards whom the owner or occupier of property owes the duty of observing care by the failure to take such care the other has suffered injury to his person or property.

(4) Apart from the liability for negligence for failure to take reasonable care, where there is a duty to take care, there are certain other cases of absolute liability, where the owner or occupier of property has a duty to ensure safety to others and in such cases the owner or occupier is liable for the injury caused, whether or not, he has failed to take reasonable care. The principal classes of such cases are:-

(a) liability for the escape of deleterious thing from property or premises in one's possession,

(b) liability for trespass by one's cattle or by dangerous or mischievous animals straying on the highway or otherwise injuring others,

(c) liability for fire on one's premises,

(d) liability for dangerous premises to persons who enter therein.



Liability of the State in Tort Back




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