Pelis and Another v. Arnaashal – sllr 1980 volume 2 page 296

In the case between the cultivator of lot 4 of Majuwana Waturawa (plaintiff-respondent) and the cultivators of lot 2 of Bogahaliyadda Kumbura (defendants-appellants), the court addressed the issue of whether the defendants owed a legal duty to allow drainage from the plaintiff’s field and the requirements for liability under the Aquilian action, specifically negligence and intentional wrongdoing. The court held that the actions of the defendants, which were intended to protect their own field, did not amount to actionable negligence or an abuse of rights. This holding reaffirmed the principle that a party is not liable under the Aquilian action absent proof of breach of duty involving culpa or dolus, and that lawful actions do not become wrongful merely due to resulting harm unless done so

REF: sllr 1980 volume 2 page 296 Category: Tag:
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