Advertisements
Advertisements
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
Advertisements
Solution
Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.
APPEARS IN
RELATED QUESTIONS
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs an FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.
Axon a food marketing corporate giant specialized in traditional and organic products. It has captured 73% of the share in this sector across the globe. Recently in the Axon Lab a research breakthrough occurred by mixing traditional food with a newly discovered molecular formula. The new product has become a new attraction amongst the athletes due to its energy enhancement outcomes.
According to the passage does Axon has to apply for approval?
Principle: When, at the desire one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise.
Facts: X, the uncle of Y, made a promise to pay him an amount of Rs. 1,00,000/- as a reward if Y quits smoking and drinking within one year. Y quit smoking and drinking within six months.
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Custom per se is law, independent of prior recognition by the sovereign or the judge.
Reason: Custom is source of Jaw but by itself is not law.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
The temporary release of a convicted prisoner from jail for a fixed period is called -
Legal phrase is followed by four meanings. Choose the most appropriate option:
Per incuriam
Mark the best option:
“Legal Tender Money” refers to
The right to information under the Right to Information Act, 2005 is a:
Mark the best option:
Principle: If a person below 18 years of age obtains property or goods by misrepresenting his age, he can be compelled to restore it, but only so long as the same is in his possession.
Facts: Niraj, a student of class 12 aged 171/2 years succeeded in deceiving Bhawarlal; a money-lender by telling him a lie about his age, and so got him to lend Rupees five thousand on the faith of his being adult. He lost the whole sum in gambling.
Mark the best option:
Forum non-convenience means –
