Caveat actor – Let the doer beware.
Meaning of Caveat Actor
Caveat actor is a Latin maxim which literally means: “Let the doer beware.”
It places the responsibility on the person performing an act to take care and consider the consequences of their actions.
Unlike Caveat Emptor (“Let the buyer beware”), which places the burden on the buyer, Caveat Actor emphasizes the actor’s own duty of caution.
Essentially, if you undertake an act, you must exercise proper care; failure to do so may result in liability.
Key Principles
Responsibility of the Actor:
The person performing an action must ensure it is lawful and safe.
Negligence or Recklessness:
If harm occurs due to the actor’s carelessness, they may be held liable.
Foreseeability of Consequences:
The actor is expected to anticipate possible consequences of their actions.
Contrast with Caveat Emptor:
Caveat Emptor → Buyer beware (protects seller).
Caveat Actor → Doer beware (protects others affected by the act).
Illustrative Case Law
1. Rylands v Fletcher (1868, UK)
Defendant constructed a reservoir that burst and flooded the plaintiff’s mine.
Principle: The doer must take precautions when undertaking potentially hazardous activities.
Caveat Actor applied: Liability arises if the doer fails to exercise reasonable care.
2. Donoghue v Stevenson (1932, UK)
A manufacturer sold a bottle of ginger beer containing a decomposed snail, causing illness.
Principle: Manufacturers owe a duty of care to consumers.
Caveat Actor applied: The doer of an act (manufacturer) must take reasonable steps to avoid harm.
3. Indian Context
Section 304A, Indian Penal Code: Causing death by negligence.
Example: A driver causing an accident due to rash driving.
Principle: The actor (driver) is responsible for consequences of careless acts.
Example
A person decides to set off fireworks in a crowded area without precautions.
If someone is injured:
Caveat Actor principle applies → the person performing the act is liable, not the injured party.
Importance in Law
Promotes Responsibility: Ensures individuals think before acting.
Reduces Harm: Encourages people to take precautions to prevent injury or damage.
Foundational for Negligence Law: Many tort and criminal liability rules are based on this principle.
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