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प्रश्न
Legal Principle: Negligence is the absence of care by one party which results in some damage to another. Damage is an essential ingredient to constitute a tort of negligence.
Fact Situation: Mistry left his ladder on the public road while unloading it from a truck when he went to open the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting the ladder as he came with speed on the road. Saini fell down but was miraculously not injured.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
Mistry is not liable for the tort of negligence since Saini was not injured though he fell down.
Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.
Mistry is not liable for the tort of negligence since Saini was speeding on the road.
Mistry is liable for the tort of negligence since he was careless in leaving the ladder on the road.
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उत्तर
Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.
Explanation:
Negligent torts are not deliberate actions, but instead, present when an individual or entity fails to act as a reasonable person to someone whom he or she owes a duty to. The negligent action found in this particular tort leads to a personal injury or monetary damages. Thus the two major essentials of tort are (a) negligence and (b) damage or injury.
Facts of the case presented before us mention that Saini who was riding a motorcycle fell down due to Mistry's negligence even though he did not get injured, DAMAGE was caused to his motorcycle, clothes, time, etc. Thus we can easily conclude that "Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder." is the most appropriate statement.
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