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Principles of Insurance

Principle: Ne...

Question

Principle: Negligence is the breach of a duty caused by a omission to do something which a reasonable person would do or an act which a prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breached, leading to damage.
A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A had left a mop in B 's stomach while Operating.

A

A will be liable for negligence, since there is a breach of the duty of care

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B

A will be liable for negligence, since it was an accident

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C

A will be liable for negligence, since no real damage was done

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D

A will be liable for negligence, since it is not a reasonable act

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Solution

The correct option is A A will be liable for negligence, since there is a breach of the duty of care
The surgeon has neglected his duty. Secondly as per the principle, he has not fulfilled his obligation. Therefore option (a) is correct.

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Q. PRINCIPLE: Negligence is the breach of a duty caused by an omission to do something which a reasonable person would do or an act which prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breaches leading to damage.

FACTUAL SITUATION: A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A left his gloves inside the patient's abdomen.

Q. LEGAL PRINCIPLES:
1. Master/Principal is vicariously liable for the tort committed by an servant / agent, in the performance of his duties as an servant / agent.
2. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.

FACTUAL SITUATION : A patient is brought to a hospital maintained by B. The patient is to be operated upon, As a result of faulty oxygen supply, the patient dies on the operation theatre table, then _________________.

Q. LEGAL PRINCIPLEs: (1) Master/ Principal is vicariously liable for the tort committed by a servant/agent, in performance of his duties as an servant/agent.
(2) Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which is prudent or reasonable man would not do.

FACTS: A patient is brought to a hospital maintained by B. The patient is to be operated upon. As a result of faulty oxygen supply, the patient dies on the operation theatre table, then ______.

Q. LEGAL PRINCIPLES:
1. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
2.Defendant's duty of care depends of the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.

FACTUAL SITUATION: The defendants employees of the Municipal Corporation opened a manhole open an covered it by a canvass shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there, when he stumbled over it and fell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries.

The defendants are _______________.

Q. LEGAL PRINCIPLE: (1) Negligence is the omission to do something which reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
(2) Defendant's duty of care depends on the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.
FACTS: The defendant employees of the Municipal Corporation opened a manhole on the street and in the evening left the manhole open and covered it by a canvas shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there, when he stumbled over it and fell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries. The defendants ______.

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