There is a legal textbook which illustrates the varying tests of responsibility in relation to a glass of water falling off a table.
- Deliberate act – a man hits the glass with a baseball bat and it falls to the ground and smashes.
- Recklessness – the man is dancing wildly around the room and knocks the glass off the table with a high kick.
- Negligence – the man is sitting at the table having an animated conversation and knocks the glass over with his elbow.
- Strict liability – the man is lying on the floor asleep at one end of the room. The glass is on a table at the other end of the room and it falls off for no apparent reason.
I suppose that the more imaginative amongst you might argue that the last example may well qualify as force majeure, but let’s not overcomplicate this… Continue reading
