Advertisements
Advertisements
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.
Advertisements
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.
APPEARS IN
संबंधित प्रश्न
Principle: Nothing is an offense by reason of any harm it may cause to another person if it is done in good faith and for the benefit of that person even without that person‘s consent.
Facts: A is attacked by a Lion and Lion drags him while he is crying for help. B, a passer-by picks up A‘s gun in good faith and fires at Lion which injures A. B has never used the gun before.
Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.
Principle:
1. Wagering agreements are void.
2. Collateral agreements to wagering contracts are valid.
Facts: XYZ Bank lends Rs. 40, 000 to Sabu in order to enable him to award as a prize to Randeep who is the winner of horse race. Later Sabu refuses to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu?
Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause”.
Facts: A, a driver of B, a Branch Manager of ABC Bank was caught, suspecting theft, in the bank premises. The Bank management instituted an enquiry and made B the enquiry officer.
Which of the following statements is correct?
Result of successful prosecution is
Defamation involves:
Negligence means
A person is said to be vicariously liable when
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle
1. A careless person becomes liable for his negligence when he owed a duty of care to others.
2. Valenti's non-fit injury is a defence to negligence.
Factual Situation
K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate Insurance had been purchased in the event of an accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non-fit injuria and also that she was just learning to drive and was not in complete control of the vehicle. Decide.
Principle: Trespass to land is the wrongful and unwarranted entry upon the land of another. A purchased a ticket to watch a movie in a theatre. After the show got over, A refused to leave the theatre. The owner of the theatre sues A for trespass
