Defence of strict Liability | Law of Tort | Dr.A.C.Nakshathra | Tamil

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Exceptions to the following rule are:

1. Plaintiff’s own default

Damage caused by the escape due to the plaintiffs own can be considered as a good defence. That is, if the plaintiff suffers damage by his own intrusion into the defendant’s property then he has no right to complain about the damage so caused. Like in the case of Ponting vs. Noakes there the horse of the plaintiff died because of nibbling the leaves of poisonous trees planted at defendants land. It was contended that the horse intruded in defendants’ property where he ate leaves and therefore defendant won’t be held liable for the same.