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प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely t0 be affected by his act.
FACT: Krishnan. while driving a car at high speed on a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant "NOman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
विकल्प
Krishna will be liable. because he owed a duty of reasonable care to everybody on the road including Lakshmi
Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.
Krishna will be liable to Lakshmi because he failed to drive carefully
None of the above
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उत्तर
Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.
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संबंधित प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
Principle: A master is liable for the acts committed by his servant in the course of employment.
Fact: Sanjay is a driver working in Brookebond and co. One day, the manager asked him to drop a customer at the airport and get back at the earliest. on hiS way back from the airport, he happened 10 see his fian~ Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence or Sanjay. Ruhina was thrown out of the car and suffered multiple in Juries. She seeks compensation from Brookebond and Co.
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You are to examine the two statements carefully and select the best option.
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Reason: Custom is source of Jaw but by itself is not law.
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1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
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Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
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The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): International law is not law at all.
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