Advertisements
Advertisements
Question
Legal Principle: Parents are not liable for wrongs committed by their children unless they provide the opportunity for such wrongful acts to be committed by their children.
Fact Situation: Sunil, a minor, takes the keys to his father’s car from the tabletop where his father keeps it, drives the car on the public road and hits a pedestrian who gets injured.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Since Sunil took the car without his father’s permission, his father is not liable for Sunil’s act resulting in the accident.
Sunil’s father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission.
Accidents happen despite utmost care and hence neither Sunil nor his father is liable in the instant case.
Sunil’s father is not liable since he had kept his car locked and securely deposited its keys without negligence on his tabletop.
Advertisements
Solution
Sunil’s father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission.
Explanation:
There is no general duty on the parents to keep a child under constant supervision. The duty of parents is to exercise a reasonable degree of supervision and control over the child, in view of any foreseeable danger in the activities the child was involved in at the relevant time, taking into account the age of the child and the child's propensity to meddle. parents have a bigger duty to control the young one, and a correspondingly higher liability if they fail to do so. In the case presented before us two things can be observed, firstly Sunil's father left the keys unattended within the approach of his son Sunil and secondly his son Sunil took the keys and injured a pedestrian. the mere negligence on the part of father makes him liable for the conduct of his son Sunil. Hence "Sunil’s father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission." seems most appropriate.
APPEARS IN
RELATED QUESTIONS
Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
What the Injuries Board is...
Defamation means
PRINCIPLE Assault is the use of words or gestures inducing a threat of force or danger to the person.
FACTS X and Y being friends were comparing stalwarts of their favourite football teams. X egged Y to go on and without realising it converted into a verbal sling fest and reduced to angry expletives. X and Y decided to file suits of verbal assault against each other.
PRINCIPLE Where a dangerous article escapes, the owner shall be strictly liable for the harm which comes without being at fault.
FACTS Bhopal Gas Co. was in the business of manufacturing chemicals that produced a large amount of toxic residue. As per procedure, they used to store the waste in insulated boxes and hand it over to the collecting van of the municipal corporation once a week. After one such collection, the van driver drove negligently resulting in the escape and spilling of the contents of one of the waste barrels. Is Bhopal Gas Co. liable?
LEGAL PRINCIPLE 'Free consent' defined as - Consent is said to free when it is not caused by
I. coercion as defined in Section 15
II. under influence, as defined in Section 16
III. fraud, as defined in Section 17, or
Iv. misrepresentation, as defined in Section 18
v. mistake, subject to the provisions of Sections 20, 21 and 22 Consent is said to be so caused when it would not have been given but for the existence of such coercion, under the influence, fraud, misrepresentation or mistake. 'Fraud' is defined in which Section?
Suit and nuisance are
In a civil suit, the person who files suit and the person against whom the suit is filed are called
Principle: One has to compensate another for the injury caused due to his wrongful act. The liability to compensate is reduced to the extent the latter has contributed to the injury through his own negligence, This is the underlying principle of contributory negligence.
Facts: Veerappa owns a farm at a distance of half a furlong from the railway track. He stored in his land the stacks of dried up straw after the cultivation as is normal in farming. One day when the train was passing through the track, the driver was negligently operating the locomotive by allowing it to emit large quantities of spark. The high wind, normal in open fields, carried the sparks to the stacks stored by Veerappa and the stacks caught fire thereby causing extensive damage. Veerappa filed a suit against the Railways claiming damages. The Railways while acknowledging liability alleged contributory negligence on the part of Veerappa.
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: Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can take recourse to public authorities
Factual situation: Akshay, a law-abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face. Akshay DECISION:
