Rule of the liability for dangerous chattels

Any person who possesses a chattel is bound :

(i) to take due care to avoid harm to another.
(ii) to give warning in particular cases of the danger.
(iii) to take precaution in other case against harm resulting from the interference, wilful, careless or otherwise of third person.

Underhil sums up the rules of liability as under;

(i) In the case of articles dangerous in themselves such as loaded firearms, poisons, explosives and such other things there is a particular duty imposed on those who send forth, mark or leave about such articles to take precautions that they shall not do damage to persons who may come in contact.

(ii) A person who without due warning supplies to others for use an instrument or things which to his knowledge, is in such a condition as to cause danger not necessarily incidental to the use of such instrument or thing is liable in damage caused there by-

(iii) If damage is done by reason of neglect of such precautions or warning, it is no excuse that the damage would not have happened but for the intermeddling of some third person, if such intermeding is such as might naturally occur; and

(v) But if the immediate cause of damage is the conscious act or volition of same third person, that is a defence, for no precaution avall against such conscious act or volition.

Question:- Discuss the rule of the liability for dangerous cattels.

Leave a Comment