Principle: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other greater harm to person or property. Explanation: It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Facts: Stanley was the captain of a steam vessel Romania. Without any fault or negligence on his part, he is placed in a position where he must inevitably run down a boat Beatrix, with twenty or thirty passengers on board, before he can stop his vessel, unless he changes the course of his vessel. However, by changing his course, he must incur risk of running down a boat Cinder with only two passengers on board, which he may possibly clear. Stanley decides to change his course, to avoid running down Beatrix, however as a result Cinder is affected. (a) Stanley is liable since he has acted with an intention to run down Cinder which has led to the death of 2 passengers. (b) Stanley is not liable since he has not acted with the criminal intention to cause harm to cinder. (c) Stanley is not liable since he has acted in good faith for the purpose of avoiding danger to passengers on Beatrix. (d) Stanley is not liable, since it was an act of nature and the circumstances were beyond his control.
Posted on: Mon, 28 Jul 2014 10:30:00 +0000
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