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    <title>1920 (2) TMI 1 - Privy Council</title>
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    <description>Article 1054 of the Civil Code of Lower Canada was interpreted as creating responsibility for damage caused by things under a person&#039;s care without requiring the claimant to prove personal fault. The exculpatory clause applies to that broader liability, so the custodian escapes only by proving the damage could not have been prevented. The company&#039;s authority to distribute electricity did not displace this civil responsibility, because statutory power authorises only what is necessarily incidental to the undertaking. Since practical safeguards could have prevented the damage, the loss was not treated as a necessary incident of the authorized activity.</description>
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    <pubDate>Tue, 17 Feb 1920 00:00:00 +0530</pubDate>
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      <title>1920 (2) TMI 1 - Privy Council</title>
      <link>https://www.taxtmi.com/caselaws?id=292563</link>
      <description>Article 1054 of the Civil Code of Lower Canada was interpreted as creating responsibility for damage caused by things under a person&#039;s care without requiring the claimant to prove personal fault. The exculpatory clause applies to that broader liability, so the custodian escapes only by proving the damage could not have been prevented. The company&#039;s authority to distribute electricity did not displace this civil responsibility, because statutory power authorises only what is necessarily incidental to the undertaking. Since practical safeguards could have prevented the damage, the loss was not treated as a necessary incident of the authorized activity.</description>
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