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Shiney owns a very badly maintained 1980 model second-hand motorcycle. He pays absolutely no attention to it and does not carry out necessary maintenance work either. One day, while travelling on a gravelly road at a high speed, the tyre of the motorcycle bursts and skids and hits a pedestrian, who fractures her hip. She sues Shiney.
Principle: A person cannot be held responsible for an inevitable accident.
  • a)
    Shiney is not liable since the occurrence is an unforeseeable accident.
  • b)
    Shiney is liable because the accident could have been avoided if Shiney had taken care to maintain his motorcycle in a better condition and ridden it at a safe speed.
  • c)
    Shiney is not liable since the pedestrian should have reacted faster and moved out of the path of the oncoming motorcycle.
  • d)
    Shiney is liable since he is riding a 21-year-old motorcycle on the roads.
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Shiney owns a very badly maintained 1980 model second-hand motorcycle...
Shiney is liable because he never took proper safety and precaution while riding the motorcycle. It was not fit for travel.
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Most Upvoted Answer
Shiney owns a very badly maintained 1980 model second-hand motorcycle...

Explanation:

Unforeseeable Accident:
An inevitable accident refers to an incident that could not have been foreseen or prevented by the person involved. In this case, the bursting of the tyre and subsequent collision with the pedestrian was an unforeseeable event for Shiney.

Negligence:
While it is true that Shiney neglected to maintain his motorcycle properly, leading to the tyre burst, the accident itself was not something that could have been predicted or avoided by Shiney. Therefore, he cannot be held liable for the pedestrian's injuries.

Responsibility of the Pedestrian:
It is not fair to shift the blame entirely to Shiney, as the pedestrian also has a responsibility to be aware of their surroundings and react to potential dangers. However, in this case, the accident was sudden and unexpected, making it difficult for the pedestrian to avoid.

Age of the Motorcycle:
The fact that Shiney was riding a 21-year-old motorcycle does not automatically make him liable for the accident. While it is important to maintain vehicles in good condition, the age of the motorcycle alone is not a determining factor in this situation.

Therefore, based on the principle that a person cannot be held responsible for an inevitable accident, Shiney is not liable for the injuries sustained by the pedestrian in this case.
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Shiney owns a very badly maintained 1980 model second-hand motorcycle. He pays absolutely no attention to it and does not carry out necessary maintenance work either. One day, while travelling on a gravelly road at a high speed, the tyre of the motorcycle bursts and skids and hits a pedestrian, who fractures her hip. She sues Shiney.Principle: A person cannot be held responsible for an inevitable accident.a)Shiney is not liable since the occurrence is an unforeseeable accident.b)Shiney is liable because the accident could have been avoided if Shiney had taken care to maintain his motorcycle in a better condition and ridden it at a safe speed.c)Shiney is not liable since the pedestrian should have reacted faster and moved out of the path of the oncoming motorcycle.d)Shiney is liable since he is riding a 21-year-old motorcycle on the roads.Correct answer is option 'A'. Can you explain this answer?
Question Description
Shiney owns a very badly maintained 1980 model second-hand motorcycle. He pays absolutely no attention to it and does not carry out necessary maintenance work either. One day, while travelling on a gravelly road at a high speed, the tyre of the motorcycle bursts and skids and hits a pedestrian, who fractures her hip. She sues Shiney.Principle: A person cannot be held responsible for an inevitable accident.a)Shiney is not liable since the occurrence is an unforeseeable accident.b)Shiney is liable because the accident could have been avoided if Shiney had taken care to maintain his motorcycle in a better condition and ridden it at a safe speed.c)Shiney is not liable since the pedestrian should have reacted faster and moved out of the path of the oncoming motorcycle.d)Shiney is liable since he is riding a 21-year-old motorcycle on the roads.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Shiney owns a very badly maintained 1980 model second-hand motorcycle. He pays absolutely no attention to it and does not carry out necessary maintenance work either. One day, while travelling on a gravelly road at a high speed, the tyre of the motorcycle bursts and skids and hits a pedestrian, who fractures her hip. She sues Shiney.Principle: A person cannot be held responsible for an inevitable accident.a)Shiney is not liable since the occurrence is an unforeseeable accident.b)Shiney is liable because the accident could have been avoided if Shiney had taken care to maintain his motorcycle in a better condition and ridden it at a safe speed.c)Shiney is not liable since the pedestrian should have reacted faster and moved out of the path of the oncoming motorcycle.d)Shiney is liable since he is riding a 21-year-old motorcycle on the roads.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Shiney owns a very badly maintained 1980 model second-hand motorcycle. He pays absolutely no attention to it and does not carry out necessary maintenance work either. One day, while travelling on a gravelly road at a high speed, the tyre of the motorcycle bursts and skids and hits a pedestrian, who fractures her hip. She sues Shiney.Principle: A person cannot be held responsible for an inevitable accident.a)Shiney is not liable since the occurrence is an unforeseeable accident.b)Shiney is liable because the accident could have been avoided if Shiney had taken care to maintain his motorcycle in a better condition and ridden it at a safe speed.c)Shiney is not liable since the pedestrian should have reacted faster and moved out of the path of the oncoming motorcycle.d)Shiney is liable since he is riding a 21-year-old motorcycle on the roads.Correct answer is option 'A'. Can you explain this answer?.
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