Advertisements
Advertisements
प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.
Facts: A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which B developed some medical problems and had to undergo another surgery. Is A liable?
विकल्प
A is not liable as he did not foresee any consequences at the ti me of surgery.
As only a small swab was left in the abdomen, there was no negligence.
A is liable for the negligence as he failed to take proper care during the surgery
Liability for negligence does not arise here as a performed the operation sincerely.
Advertisements
उत्तर
A is liable for the negligence as he failed to take proper care during the surgery.
Explanation:
A is liable for the negligence as he failed to take proper care during the surgery. It was the duty of the doctor A to ensure the utmost safety of his patient B during the surgery.
Forgetting a cotton swab inside the abdomen caused medical problems. A doctor is liable under negligence.
APPEARS IN
संबंधित प्रश्न
Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
When the consent to the contract is caused by coercion, then under Section 19, the contract will be considered as:
Mark the best option:
Principle: When the plaintiff by reason of his own conduct contributes to the damage caused by the wrongful conduct of the defendant, he is considered to be guilty of contributory negligence.
Facts: A had to buy groceries from the shop across the road from his house. As A had to leave for a meeting he was in a hurry. He tried to cross the road, all of a sudden, without looking and was hit by B's car. Is A guilty of contributory negligence?
A loud bass beat that can be heard through an apartment wall (from another apartment) at midnight can be classified as
PRINCIPLES
I. A master is liable for the wrongful acts of his servant.
II. A person can be called a servant only if there is a relation of employment and he acts under the order and on behalf of his master.
FACTS
X bank launched a saving scheme for poor sections of the society and the customer can deposit ₹10 per day. Y, an unemployed youth, collected money from several customers, and on behalf of them deposited the money at the bank every day. The bank gave to Y a small commission. After some time, Y disappeared without depositing the money given by the customers. The customers bring a suit alleging that the bank is liable. Decide
PRINCIPLE Trespass is the unauthorized entry through the person or tangible object into the property of another. The rights of property exist on the surface, aerially and in the subterrain.
FACTS Kumari and Shravan lived in houses interspersed by the plot of Shantanu. Kumari and Shravan set-up a walkie talkie connection by setting up their transmitte~s facing each other. When Shantanu came to know about the arrangement, he filed a suit of trespass stating that the same was a case of trespass as signals could reach each other only by crossing his plot.
PRINCIPLE Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.
FACTS The Delhi Metro Rail Corporation set-up a link transport service permitting passengers to use buses to the end destinations. These buses and drivers were provided on contract to the Metro Corporation by the Delhi Bus Company and the drivers were trained, supervised and instructed into the routes and manner of driving by employees of the corporation. When a passenger X, had boarded one such bus and was involved in an accident on account of the bus driver; he wants to know against whom should he file the suit under the principle of vicarious liability.
LEGAL PRINCIPLE 'Consent' defined as - Two or more persons are said to consent when they agree upon the same thing in the same sense.
What does 'consent' include?
Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorised the act.
A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.
