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Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?
Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.
  • a)
    Yes, because Nitin should be taught a lesson.
  • b)
    Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.
  • c)
    No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.
  • d)
    No, because they had no business driving on the highway late into the night. 
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Nitin started to drive his Tata Nano in the highway after gulping down...
Nitin was highly intoxicated due to which he could not avoid the accident. He was negligent in not taking care while driving in drunken state. He owes a duty to take care of everyone including Issac.
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Nitin started to drive his Tata Nano in the highway after gulping down...
Legal Principle:
A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered damage resulting from this breach.

Explanation:
- Nitin breached duty of care: Nitin, by driving his Tata Nano on the highway after consuming two bottles of whiskey, was highly intoxicated. This act breached the duty of care he owed to other people commuting on the highway.
- Isaac's injury: As a result of the collision, Isaac suffered an injury to his head. This damage was a direct consequence of Nitin's breach of duty of care.
- High levels of alcohol: Nitin's high levels of alcohol in his blood impaired his ability to avoid the collision, even though he had a narrow chance to do so. This further supports the claim of negligence.
- Isaac's lawsuit: Isaac suing Nitin for negligence is a valid legal action as per the legal principle mentioned. Nitin's actions can be seen as a clear breach of duty of care, resulting in damage to Isaac.
- Conclusion: Therefore, Isaac is likely to succeed in his lawsuit against Nitin for negligence, as Nitin's actions clearly demonstrate a breach of duty of care leading to damage to another individual.
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Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. Alan was driving in the highway after drinking. Octavia was driving with the headlights turned off. They collided resulting in an injury on Octavia's head. Alan could avoid the collision, but because he was highly intoxicated, he was unable to do so. Octavia sued Alan for negligence. Will she succeed?

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Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer?
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Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
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Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Nitin started to drive his Tata Nano in the highway after gulping down two bottles of whiskey. Isaac was driving his Reva NXR with the headlights turned off. They collided resulting in an injury on Isaac’s head. Nitin, who was highly intoxicated, had only a narrow chance to avoid the collision, but because of the high levels of alcohol in his blood, he was unable to do so. Isaac sued Nitin for negligence. Will he succeed?Principle: A person is liable for the tort of negligence if he breaches a legal duty of care he owes to the plaintiff, and the plaintiff suffered a damage resulting from this breach.a)Yes, because Nitin should be taught a lesson.b)Yes, because Nitin breached the duty of care that he owes to the other people commuting on the highway.c)No, because Isaac provided Nitin with only a narrow window of time to avoid the collision.d)No, because they had no business driving on the highway late into the night.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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