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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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Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

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