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Factual Situation: Radhika'S Brother, Akash, Had Come to Visit at Her Place. - Legal Reasoning

MCQ

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 occupier of a premise owes a duty of care to all his invitees and visitor.

Factual Situation: Radhika's brother, Akash, had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he gets electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed? DECISION:

Options

  • Yes, because in Indian tradition, guests are like Gods.

  • No, because one has to be himself cautious about his safety.

  • Yes, because it is the occupiers duty to take care of its visitors.

  • No, because he himself is guilty of theft. He is no longer an invitee or visitor.

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Solution

Yes, because it is the occupiers duty to take care of its visitors.

Explanation:

From the factual position, it is cleared that occupier was supposed to take care to prevent any damage to the invitee from any unusual danger on his premises. Hence "Yes, because it is the occupiers duty to take care of its visitors." is the correct answer. 

Concept: Law of Torts (Entrance Exams)
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