English

Principle: Everybody is Under a Legal Obligation to Take Reasonable Care to Avoid an Act Or Omission Which He Can Foresee Would Injure His Neighbor.

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Question

The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely t0 be affected by his act.

FACT: Krishnan. while driving a car at high speed on a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant "NOman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.

Options

  • Krishna will be liable. because he owed a duty of reasonable care to everybody on the road including Lakshmi

  • Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.

  • Krishna will be liable to Lakshmi because he failed to drive carefully

  • None of the above

MCQ
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Solution

Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.

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Study of Law (Entrance Exams)
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2014-2015 (May) Set 1

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