AILET (All India Law Entrance Test) Legal-Aptitude: Questions 165 - 165 of 254

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Question 165

Appeared in Year: 2019

Question

MCQ▾

Facts: X purchased a disused cinema with the intention of turning it Into a Multiplex. Six weeks after, X entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged. The cinema building was a target to vandals and children who often played there, but X had had no knowledge of previous attempts to start fire at the cinema buildings. The owners of the adjacent buildings brought an action for negligence against X on grounds that X failed to take reasonable care for the safety of the buildings by not keeping the cinema locked, making regular Inspections and employing a caretaker.

Decide whether the occupier of property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his property resulting in damage to the adjoining properties?

Choices

Choice (4)Response

a.

X is not liable as the adjoining occupiers are also negligent by not being careful in safeguarding their properties against fire.

b.

X was not aware of previous attempts of vandals to start fire and as such, the building did not present an obvious fire risk, so X was not under any duty to anticipate the possibility of tire and take measures to prevent the entry of vandals. So, no duty of care existed towards the adjoining properties in this case.

c.

Though X were not aware of previous attempts of vandals to start fire and as such and the building did not present an obvious fire risk but he failed to take reasonable care, so X is liable.

d.

An occupier of a property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his properly resulting in damage to the adjoining properties under all circumstances.

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