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negligence
Principal: In an action for negligence, the plaintiff has to prove that the
defendant owed a duty of care to the plaintiff. The duty is a legal duty and not a
moral one.
Facts: A is allergic to peanuts. A buys peanut flavored butter, which the
company claims is
peanut free but after eating the butter A gets sick due to allergic reaction from
butter.
Which of the following derivations is correct?
a) Company is liable as it was negligent
b) Company is not liable as A took the risk of eating peanut flavored butter
c) Company is liable as there is contract between it and A
d) None of these
PRINCIPLE: In the law of negligence, the last opportunity rule, fixes the
liability on the
person who had the last opportunity of avoiding an accident with ordinary care.
FACTS: Jais decided to play a prank on bhand . He forcefully made bhand
drink liquor and made him parade in the middle of the road. Dhaka was racing
his car down the road and knocked over bhand.
bhand sustained severe physical injuries. Decide who is liable.
A. jais is liable because he forcefully intoxicated Bhand.
B. dhaka is liable because he could have avoided the accident.
C. It was Bhands fault that he was walking in the middle of the road.
D. dhaka is not liable because Bhand was drunk himself.
PRINCIPLES:
I. A person is liable for negligence, if he fails to take care of his neighbours
interest.
II. A neighbour is anyone whose interests should have been foreseeable by a
reasonable man while
carrying on his activities.
III. The defendant who is negligent cannot claim that the plaintiff suffered
damage because he was
a special case. (Plea of sensitive plaintiff)
FACTS: A is a pyromaniac. In a fit of anger, he takes all the books in his house,
and sets them to fire in the backyard. As a result of the fire, there is a lot of
smoke in the air. Bs house is next to As, and as a result of the air pollution, he
starts having an asthmatic attack. B threatens to sue A for being negligent and
causing pollution through his activities. A takes the plea that B is
a special case since no one else in the neighbourhood is complaining. Decide.
MINOR
Principal: A parent is not liable for a tort committed by his/her child except
when the parent affords the child an opportunity to commit the tort.
Facts: A mother leaves her toddler in car. She puts the handbrake on. The child
releases the brake while playing making the car move. The car hits a pedestrian.
Which of the following derivations is correct?
a) The mother is liable as she was negligent
b) The mother is not liable as she put the handbrake on
c) The son is liable
d) None of these
Facts: SANTA , a minor borrowed Rs. 10,000 from B for performing last rites
of his father.
Which of the following derivations is correct?
a) B cant take money back as the contract is void.
b) A has to pay the money back.
c) B cant take the money back as it is for necessities
d) None of these
TRESPASS
Facts: A house was on fire and fire fighters were already in the house. Bihari , a
self Proclaimed fire fighter, entered the house and started throwing water
everywhere. He was accused of trespass.
Which of the following derivations is correct?
a) He is guilty as his entering the house was not a necessity
b) He is not guilty as he was just helping
c) B is guilty of nuisance
d) None of these