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Finding Friction's Direction

LEGAL PRINCIP...

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LEGAL PRINCIPLE: Nothing is an offence, which is done by accident of misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
FACTUAL SITUATION: A is a woodcutter. One day when he was at work, a number of children flocked to him and asked him to make a cricket ball for them. Without listening to them he continued to chop woods using a heavy axe. Suddenly a piece of chopped wood flew and struck one child who was standing just two feet away from him as a result of which the child lost his one eye?

A

A is liabe for causing injury to child

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B

A is not liable because it was merely an accident

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C

A is not liable because children flocked to him

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D

A is liable because he has the knowledge that the boys standing near him may get hurt

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Solution

The correct option is D A is liable because he has the knowledge that the boys standing near him may get hurt
The essentials for an act to be an accident are as follows-
1. When the act is without criminal intention or knowledge that it is likely to cause harm.
2. Done in a lawful manner by lawful means.
3. By taking proper caution and care.
Here, A did not have the criminal intention to harm the boys. But he had the knowledge that chopping wood so close to the boys can cause harm to the boys. Therefore he liable as then the act will not be an accident.

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