मराठी

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.

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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.

पर्याय

  • 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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Study of Law (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2014-2015 (May) Set 1

संबंधित प्रश्‍न

Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.

New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.

Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.

Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs an FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.

The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.

These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.

A harmonization of Indian food standards with global standards is a step in the right direction.

How the de-operationalized Section 22 of the FSS Act by the Honorable Supreme Court of India be revived?


The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.

Assertion: Attempt to commit an offence enough does not result in any harm should also be punished

Reason: A person who tries to cause prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.


What is a moot'?


Principle: Defamation is the publication of a statement that tends to lower reputation of a person in the estimation of other members of the society generally.

Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.


Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.

Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.


Legal phrase is followed by four meanings. Choose the most appropriate option:

Turpis arbiter’ means:


Legal phrase is followed by four meanings. Choose the most appropriate option:

Malus animus


Legal phrase is followed by four meanings. Choose the most appropriate option:

‘Punctum Temporis’ means:


Mark the best option:
The word "due process of law" indicates


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.

Reason (R): International law has no judicial system to enforce the law by applying sanctions.


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