Question

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

• A. Ram is not liable, because he did not know anything about the contents of the package.
• B. Ram is not liable, because Shyam should not have earned such a package in a crowded place like railway station
• C. Ram is liable, because Ram is under an obligation not to push Shyam
• D. None of the above

Answer 1

The correct option is A Ram is not liable, because he did not know anything about the contents of the package.

In the given case although Ram is under a legal obligation to take care to avoid act or omission which he can FORSEE would injure his neighbor but presently he did not push Shyam on purpose, further he could not FORESEE that Shyam is carrying crackers which might explode. Thus Ram is not liable.