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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?
पर्याय
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.
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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.
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संबंधित प्रश्न
Principle: Whoever attempts to commit the offense of cheating, commits an offense.
Facts: A with an intention to defraud B, obtain from him an amount of Rs. 500.
Principle: Death caused by a rash or negligent act of a person is an offence.
Facts: X was driving his SUV car on a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.
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The Right to Property was excluded from the Fundamental Rights during the tenure of the Government headed by
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
Facts: 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.
Legal Principle: A person who keeps hazardous substances in his premises, is responsible for the fault if that substance escapes in any manner and causes damage.
Facts: A, an industrialist stored 1000 litres of liquid ammonia in a tank in his premises for his industrial use. There was a leakage from the tank due to which there was ammonia vapour in the surroundings. Many workers in other industries, as well as his own industry and some members from the public, suffered serious health hazards. Examine the liability of A, if any.
Which one of the following interests are not protected by the law of tort?
Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen.
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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.
Principle: Interference with another's goods in such a way as to deny the latter's title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner's right, though the doer may not know of, or intend to challenge, the property or possession of the true owner.
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Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn’t possess this skill or knowledge.
Facts:
X and Y Co. were advertising agents placing contracts on behalf of a client on credit terms, X and Y Co. would be personally liable should the client default. To protect themselves, the X and Y asked their bankers to obtain a credit reference from K and L, the client’s bankers. The reference (given both orally and then in writing) was given gratis and was favorable, but also contained an exclusion clause to the effect that the information was given ‘without responsibility on the part of this Bank or its officials’. X and Y relied upon this reference and subsequently suffered financial loss when the client went into liquidation. X and Y sued K and L Co. for negligence, claiming that the information was given negligently and was misleading. K and L argued there was no duty of care owed regarding the statements. Decide.
