Advertisements
Advertisements
Question
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.
Options
X is not guilty of an offence as the accident has occurred on a lonely road
X is not guilty because there was no intention to kill the deceased
X is guilty of an offence death by rash or negligent act
X is not guilty because he was also injured in the accident
Advertisements
Solution
X is guilty of an offense death by rash or negligent act
Explanation:
X is guilty of an offence of death by rash or negligent act. The principle states that the death caused by rash or negligent act of a person is an offence. Driving at a high speed is a rash and negligent act because even if the road is lonely there is a possibility of someone suddenly crossing the road.
APPEARS IN
RELATED QUESTIONS
"No action lies against the Government for injury done to an individual in the course of exercise of its sovereign functions". All of the following actions are covered by the above provision, except
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'.
Legal Principle: No remedy lies in law where an injury is caused to a person without any infringement of his legal right.
Fact Situation: Ashutosh started a tuition Centre right next to the one being run for the past twenty years by Gulshan. After Ashutosh started his Centre, a large number of students shifted from Gulshan’s tuition Centre to Ashutosh’s Centre forcing Gulshan to close down his establishment suffering huge losses. Can Gulshan initiate legal action against Ashutosh?
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Legal Principle: A person is liable to compensate others for harm caused by the escape of any inherently dangerous material that he keeps on his land.
Fact Situation: Ankit lights a bonfire in his courtyard to warm himself up during a cold winter evening. A strong wind suddenly blows some sparks from the fire, on to his neighbour’s house which catches fire and gets completely destroyed.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
The Government of India is planning to open Rail Link between Sealdah to Devpura. Devpura is located in –
The railway authorities negligently allowed a train to be overcrowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the appropriate answer.
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?
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.
Facts: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters, was playing near the pumphouse. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.
Principle: A citizen is expected to take the reasonable duty of care while driving on the road and not to cause injuries to any person.
Facts: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X' s) office, it hit a pedestrian P on account of Y' s negligent driving and injured him seriously. P sued X for damages.
Two persons are said to be joint tort-feasors when
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: Whoever stores a substance that could cause damage to escape shall be absolutely liable (i.e. liable even when he has exercised necessary care) for any damage caused by the escape of the substance.
Factual situation: Union Carbide India Limited (UCIL) manufactured methyl isocyanate, an extremely toxic gas. Due to a storm, the gas that was being stored in sealed containers got released. Before much could happen, the local municipal authorities managed to contain the disaster. The authorities filed a suit against UCIL for the costs that were incurred in decontamination. However, later it was realized that the clean-up by the authorities could have been done without spending as many resources and the damage was not that significant. UCIL argued that it would pay only part of the amount demanded by the authorities, which could have dealt with the contamination. DECISION:
