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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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Directions: Read the following passage and answer the question.Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound, during his or her lifetime, to maintain his or her illegitimate children. The obligation to maintain illegitimate children is now upon both, the father as well as the mother. Not only the illegitimate son but also an illegitimate daughter is entitled to be maintained by her father and mother.The right to be maintained, however, extends only up to the period of minority. An illegitimate child is not entitled to be maintained by his or her parents after attaining majority. Such a child will also not be entitled to be maintained if he or she has ceased to be a Hindu by conversion to another religion.Moreover, under the Hindu Adoptions and Maintenance Act, an illegitimate son of a deceased Hindu, so long as he is a minor, and an illegitimate daughter of a deceased Hindu, so long as she remains unmarried, are entitled to be maintained by the heirs of the deceased out of the estate inherited by them or by the persons who take the estate of the deceased.Such a son or daughter, however, will not be entitled to maintenance under the said Act if he or she has ceased to be a Hindu by conversion to another religion. An illegitimate child who has ceased to be a Hindu can, however, apply for maintenance from his or her father under the Code of Criminal Procedure.The court has given some landmark judgments in the field of illegitimacy. Some of such decisions are :The Supreme Court of India in Revanasiddappa vs. Mallikarjun opined that: the constitutional values enshrined in the Preamble of our Constitution that focuses on the concept of equality of status and opportunity and also on individual dignity. The Court has to remember that relationship between the parents may not be sanctioned by law but the birth of a child in such a relationship has to be viewed independently of the relationship of the parents. A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in a valid marriage.The Indian Society is a metaphysical society and so, it is going through a transformation stage that consists of two broad categories of people with two distinct ideologies. One of the groups believes in the orthodox methods of Hindu religion where having an illegitimate child is taboo and being one is a bigger stigma.The other group in the society consists of people who are rational and liberal in their outlook and do not consider illegitimacy as a stigma. They do not blame an illegitimate child for his/her existence instead blame the irresponsible couple. The laws in the society are also being amended accordingly as time and the situation demands.There is a need to be more liberal towards illegitimate children and the laws should also be amended in such a way that they have the best interest of all the people at heart.Q. Suppose, in the above given case, Chandu is of 16 years of age and he wants to claim maintenance from his mother. Can he do so?

Directions: Read the following passage and answer the question.Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound, during his or her lifetime, to maintain his or her illegitimate children. The obligation to maintain illegitimate children is now upon both, the father as well as the mother. Not only the illegitimate son but also an illegitimate daughter is entitled to be maintained by her father and mother.The right to be maintained, however, extends only up to the period of minority. An illegitimate child is not entitled to be maintained by his or her parents after attaining majority. Such a child will also not be entitled to be maintained if he or she has ceased to be a Hindu by conversion to another religion.Moreover, under the Hindu Adoptions and Maintenance Act, an illegitimate son of a deceased Hindu, so long as he is a minor, and an illegitimate daughter of a deceased Hindu, so long as she remains unmarried, are entitled to be maintained by the heirs of the deceased out of the estate inherited by them or by the persons who take the estate of the deceased.Such a son or daughter, however, will not be entitled to maintenance under the said Act if he or she has ceased to be a Hindu by conversion to another religion. An illegitimate child who has ceased to be a Hindu can, however, apply for maintenance from his or her father under the Code of Criminal Procedure.The court has given some landmark judgments in the field of illegitimacy. Some of such decisions are :The Supreme Court of India in Revanasiddappa vs. Mallikarjun opined that: the constitutional values enshrined in the Preamble of our Constitution that focuses on the concept of equality of status and opportunity and also on individual dignity. The Court has to remember that relationship between the parents may not be sanctioned by law but the birth of a child in such a relationship has to be viewed independently of the relationship of the parents. A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in a valid marriage.The Indian Society is a metaphysical society and so, it is going through a transformation stage that consists of two broad categories of people with two distinct ideologies. One of the groups believes in the orthodox methods of Hindu religion where having an illegitimate child is taboo and being one is a bigger stigma.The other group in the society consists of people who are rational and liberal in their outlook and do not consider illegitimacy as a stigma. They do not blame an illegitimate child for his/her existence instead blame the irresponsible couple. The laws in the society are also being amended accordingly as time and the situation demands.There is a need to be more liberal towards illegitimate children and the laws should also be amended in such a way that they have the best interest of all the people at heart.Q. Suppose in the above case, Reema converts into a Christian. Is she now entitled to claim the maintenance form Manoj's estate?

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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?
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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? for CLAT 2025 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 2025 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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