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Taluka Courts

LEGAL PRINCIP...

Question

LEGAL PRINCIPLE : Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can fires would injure his neighbor, the neighbor for this purpose is any person whom he should have in his mind as likely to be affected by his act.
FACTUAL SITUATION : Krish, while driving car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lekha a pregnant woman passing by, suffered from a nervous shock, leading' to abortion. Lekha filed a suit against Krishnan claiming damages.
DECISION:

A

Krish will be liable, because he owed a duty of reasonable care to everybody on the road including Lekha.

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B

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

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C

Krish will be Liable to Lekha because he failed to drive carefully.

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D

None of the above

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Solution

The correct option is A Krish will be liable, because he owed a duty of reasonable care to everybody on the road including Lekha.
krish's carelessness lead to accident and further lead to Lekha's abortion. It was duty of krish to take reasonable case of people around him.

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

FACTUAL SITUATION: Krish, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lekha, a pregnant woman passing by, suffered from a nervous shock, leading to absorption. Lekha filed a suit against Krish claiming damages.

Q. The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine 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 neighbour for this purpose, is any person whom he should have in his mind as likely to be affected by his act.
FACT: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around. Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to absorption. Lakshmi filed a suit against Krishnan claiming damages.
DECIDE.

Q. Principle Everybody is under a legal obligation to take reasonable care to avoid 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 to be affected by his act.
Factual Situation Ram, while rushing to board a moving train, pushed Shyam, who was walking along with a heavy package, containing fire crackers. As a result, the package slipped from his hand and crackers exploded injuring a boy standing close by. A suit was filed against Ram, by the boy, claiming damages.
Decision

Q. PRINCIPLE: A person is liable for all direct consequences of his act, which he could have reasonably foreseen as naturally flowing from his act.

FACTS: Charu while driving her car at a high speed, knocked down Seema, a middle-aged woman who was walking on the road. Seema got her leg fractured as a result of this accident. As Seema was suffering from diabetes, her leg had to be amputated. Seema filed a suit against Charu for damages for the loss of her leg.

Q. 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.

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