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: Everybody is under a legal obligation to take reasonable care in order not to injury by an act or omission his neighbour, which he may foresee. The neighbour for this purpose is a person who is likely to be affected by the act or the omission.
FACTUAL SITUATION: Amit, while rushing to board a moving train at a station pushed Anil who was walking along with a heavy load, containing fire crackers, the push resulted in slipping of the load from Anil's hand. The crackers exploded injuring a boy, Sumit standing nearby. Sumit filed a suit against Amit claiming damages.
DECIDE.
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: Everybody is under a legal obligation to take reasonable care in order not to injury by an act or omission his neighbour, which he may foresee. The neighbour for this purpose is a person who is likely to be affected by the act or the omission.
FACTUAL SITUATION: Amit, while rushing to board a moving train at a station pushed Anil who was walking along with a heavy load, containing fire crackers, the push resulted in slipping of the load from Anil's hand. The crackers exploded injuring a boy, Sumit standing nearby. Sumit filed a suit against Amit claiming damages.
DECIDE.
The correct option is D Amit is liable, because he pushed Anil.
The neighbour principle in law of torts was developed by Lord Atkin in the case of Donoghue v Stevenson. It stated that a person must take reasonable care to ensure that any act or omission that can be reasonably foreseen to injure a neighbour should not be carried out. The term 'neighbour' here refers to any person who is likely to be directly affected by the consequences of a person's act. In this instance, Sumil was the person to be immediately affected by Amit's act and he could reasonably foresee that pushing would result in dropping of heavy loads which would hurt any person standing close by. So, Amit ought to have taken precaution while rushing.
The neighbour principle in law of torts was developed by Lord Atkin in the case of Donoghue v Stevenson. It stated that a person must take reasonable care to ensure that any act or omission that can be reasonably foreseen to injure a neighbour should not be carried out. The term 'neighbour' here refers to any person who is likely to be directly affected by the consequences of a person's act. In this instance, Sumil was the person to be immediately affected by Amit's act and he could reasonably foresee that pushing would result in dropping of heavy loads which would hurt any person standing close by. So, Amit ought to have taken precaution while rushing.
