Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A person is liable for the consequences of his wrongful act only to the extent he can foresee the consequences of his act.
FACTUAL SITUATION: Rohan was suffering from a serious disease which required urgent medical attention. He got a seat booked in an Indian Airlines flight from his place to Delhi where such treatment is available. As he sat inside the plane, his fragile health condition was obvious to the flight attenders and they made special arrangements for him. But due to mechanical defects, which in turn could be attributed to bad maintenance the flight was delayed for hours together. As a result, by the time the flight reached Delhi. Rohan developed serious complications and he could not be saved. His heirs field a suit against Indian Airlines claiming damages for the death. Under the relevant law, the Airlines shall be liable for the damage caused by the dealy.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A person is liable for the consequences of his wrongful act only to the extent he can foresee the consequences of his act.
FACTUAL SITUATION: Rohan was suffering from a serious disease which required urgent medical attention. He got a seat booked in an Indian Airlines flight from his place to Delhi where such treatment is available. As he sat inside the plane, his fragile health condition was obvious to the flight attenders and they made special arrangements for him. But due to mechanical defects, which in turn could be attributed to bad maintenance the flight was delayed for hours together. As a result, by the time the flight reached Delhi. Rohan developed serious complications and he could not be saved. His heirs field a suit against Indian Airlines claiming damages for the death. Under the relevant law, the Airlines shall be liable for the damage caused by the dealy.
The correct option is D The Airlines should be held liable for its negligence towards maintenance of the aircraft.
Negligence refers to the failure to exercise a standard of care that a reasonable man in that situation should have exercised, resulting in damage to another party. The essential requirements of a tort of negligence are: (1) defendant owed a duty of care to the plaintiff (2) he has caused a breach of duty. (3) some damage has occurred due to this breach of duty.In this instance, the Airlines definitely owes a duty of care to the passengers and it can be reasonably be foreseen that unnecessary delay in flights can cause great inconvenience to many passengers. It has breached this duty by not checking the mechanical defects. Damage has occurred by death of the person. Thus, negligence has been proved.
Negligence refers to the failure to exercise a standard of care that a reasonable man in that situation should have exercised, resulting in damage to another party. The essential requirements of a tort of negligence are:
