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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.
APPEARS IN
संबंधित प्रश्न
Principle: Everyone has the right of private defense to defend his body and property by use of reasonable force unless that person had time to have recourse to the protection of public authorities.
Facts: X receives information at 5.00 pm that Y along with few friends are planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
Principle: Law does not penalise for wrongs which are of trivial nature.
Facts: In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.
Mark the best option:
Fact: Ganesh had a ferocious dog as his pet. The dog used to terrorize people in the neighborhood by attacking the pet animals. One day the dog started attacking Bipasha’s cat on the road and followed the cat into Bipasha’s house and continued attacking her cat. Her cat was seriously wounded and was bleeding. Bipasha made several attempts to chase the dog away but it was of no use, so she got hold of a kitchen knife and inflicted a severe wound on the dog’s body. After this, the dog ran off. The dog subsequently died because of the wound. Ganesh sued Bipasha for damages saying that she should have called him for help.
Principle:
- Every person has a right to defend his own person, property or possession against unlawful harm.
- The person may use reasonable force in order to protect his person, property or possession
- However, the force employed should be proportionate to the apprehended danger.
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?
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?
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
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.
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
(1) Consumable goods that are not fit for consumption are not marketable.
(2) A consumer shall not suffer on account of unmarketable goods.
(3) A seller is liable for knowingly selling unmarketable goods.
(4) A manufacturer shall be liable for the quality of his products.
Facts:
Ram bought a Coca Cola bottle from Shama's shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking, he felt irritation in his throat. Immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler, Kishen and Co.
Suggested Decisions
(a) Ram cannot get compensation
(b) Tom can get compensation
(c) Both Ram and Tom can get compensation
Suggested Reasons
(i) Shama did not know the contents of sealed bottle.
(ii) Ram did not actually suffer though he bought the bottle.
(iii) Tom did not buy the bottle.
(iv) Coca Cola company is responsible since it supplied the concentrate.
(v) Kishen & Co is responsible since it added water, sugar, etc., and sealed the bottle.
(vi) Shama is responsible for selling the defective product. Your decision with the reason,
Principle: Ignorance of the law is no excuse.
Facts: A fails to file his income tat returns for ten years. The Income-tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Advise.
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: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
Factual situation: A, B, C and D carried on a business in partnership. While making a deal with another company, B bribed the clerk there. Is the partnership firm vicariously liable? DECISION:
