Question

Вирішіть юридичну задачу Щоб захистити свій сад від можливих злодіїв Санін підключив до металевого паркану електричний струм. Неповнолітній Кривсун, проходячи повз саду Саніна, побачив на дереві спілі груші. Під час спроби перелізти через паркан Кривсун був смертельно травмований електричним розрядом. Дайте юридичну оцінку ситуації. Срочно!!! Помоги пожалуйста

Answer 1

Ответ: З одного боку, громадянин Кривсун не мав права втручатися на чужу територію і погясати на майно інших. З іншого боку, на паркані громадянина Саніна мав бути попереджувальний знак про небезпеку, що й призвело до летального кінця.

Объяснение:

Answer 2

Situation Analysis

In this situation, Sanyin installed an electric current on his metal fence to protect his garden from potential thieves. However, a minor named Krivsun, while passing by Sanyin's garden, saw ripe pears on a tree. When Krivsun attempted to climb over the fence, he was fatally injured by an electric shock. Let's analyze the legal aspects of this situation.

Legal Assessment

1. Trespassing: Krivsun trespassed onto Sanyin's property by attempting to climb over the fence without permission. Trespassing refers to the act of entering someone's property without authorization. In most jurisdictions, trespassing is considered a civil offense or a criminal offense, depending on the circumstances. However, the legal consequences of trespassing may vary depending on the jurisdiction and specific laws in place.

2. Duty of Care: As the owner of the property, Sanyin has a duty of care towards individuals who may come into contact with his property. Duty of care refers to the legal obligation to take reasonable measures to prevent harm to others. In this case, Sanyin installed an electric current on his fence as a security measure. However, it is important to assess whether Sanyin took reasonable precautions to prevent harm to others, especially considering the potential danger posed by the electric current.

3. Foreseeability: Foreseeability is an important factor in determining liability. It refers to the ability to reasonably anticipate the potential risks and consequences of one's actions. In this case, it could be argued that Sanyin should have reasonably foreseen the possibility of someone, especially a minor, attempting to climb over the fence and coming into contact with the electric current. The presence of ripe pears on the tree may have attracted Krivsun's attention and increased the likelihood of him attempting to access the garden.

4. Contributory Negligence: Contributory negligence is a legal principle that reduces or eliminates the damages awarded to a plaintiff if their own negligence contributed to the harm they suffered. In this case, it could be argued that Krivsun's actions of attempting to climb over the fence, despite the presence of the electric current, constitute contributory negligence. However, the extent to which Krivsun's actions contributed to his injuries would need to be assessed.

Legal Consequences

The legal consequences of this situation would depend on various factors, including the jurisdiction's laws, the specific circumstances, and the court's interpretation of the applicable legal principles. It is important to consult with a legal professional who is familiar with the laws in your jurisdiction to obtain accurate advice tailored to your specific situation.

Please note that the information provided here is for general informational purposes only and should not be considered legal advice. It is always recommended to consult with a qualified legal professional for a comprehensive assessment of your specific situation.