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Facts: Vir, a Window Cleaner Was Hired to Clean the Windows of Palam Club. One of the Windows Was Defective and So When It Was Being Cleaned, It Ran Down Quickly - Legal Reasoning

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MCQ

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Facts: Vir, a window cleaner was hired to clean the windows of Palam club. One of the windows was defective and so when it was being cleaned, it ran down quickly and injured the hand of the window cleaner and caused injuries. Vir used Palam club for damages Decide.
Principle: The occupier can expect that a person in the exercise of his calling will appreciate and guard against risks incidental to his calling and he need not be, therefore, warned about them.

Options

  • Palam club is liable to pay compensation to Vir since they did not take

  • Palam club is not liable since Vir should have guarded himself against worked related risks

  • Palam club is not liable since Vir is a trespasser.

  • Palam club is liable since Vir was on their premises.

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Solution

Palam club is not liable since Vir should have guarded himself against worked related risks

Assumption of risk is a type of defense available for most personal injury and negligence lawsuits. Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. If the plaintiff has assumed such a risk, they cannot recover damages for any harm resulting from the defendant’s conduct, even if the defendant was negligent or reckless.
In order to prove the defense of the assumption of risk, the defendant must show that:
1. The plaintiff had actual knowledge of the risk involved in the conduct of the activity.
2. The plaintiff voluntarily accepted the risk, either expressly or impliedly.

Concept: Law of Torts (Entrance Exams)
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