CLAT Exam  >  CLAT Questions  >   Direction: Given below is a statement of leg... Start Learning for Free
Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principles:
1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.
4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
5. Conversations between a doctor and patient are generally confidential but there are few exceptions.
A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.
Q. Which of the following answers is incorrect?
  • a)
    No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.
  • b)
    Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.
  • c)
    There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.
  • d)
    An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Direction: Given below is a statement of legal principle followed by ...
In this case, no duty of care can be said to have arisen because it was not foreseen or could not have been foreseen that ABS would take over the company. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. Therefore, option (A) is correct.
Option (B) is also correct because Dinesh is not liable because harm is not foreseeable, and there is no relationship of proximity either.
Option (C) is also correct because auditors owe a duty of care with the condition that they know that the results are for a specific class and purpose.
Option (D) is incorrect. According to this option, an ability to foresee indirect or economic loss to another person as the result of a defendant's conduct automatically imposes on the defendant a duty to take care to avoid that loss. The ability to foresee something does not in itself automatically imposes a duty to take care to avoid loss. There is a difference between the ability to foresee and foreseeable. Something that is foreseeable is foreseeable by a person of general intelligence and common sense, while the ability to foresee something can vary between individual and individual. X can foresee something that Y cannot foresee. This means X has the ability to foresee what Y cannot. But an event that is foreseeable means both X and Y can foresee it.
Hence, the correct option is (D).
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable personwould regard as a foreseeable risk. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. Conversations between a doctor and patient are generally confidential but there are few exceptions. A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate. Which of the following answers in incorrect?

Read the passage and answer the question based on it.The humanities transmit, through time and across cultures, diverse expressions of the human condition, allowing us to contextualize, illuminate, and pass on an essential legacy of culture, history and heritage.I believe that social media poses a grave threat to the humanities because it lacks the depth, nuance and permanence that make genuine, meaningful interactions about the human condition possible.Everything that social media communication represents- immediacy, impermanence, collectivism- is contrary and harmful to the thoughtfulness, permanence and individualistic experiences necessary to humanities discourse. Social media is creating a hive mind, a group think that devalues the human condition in favor of the immediate, the marketable and the shallow. In social media, there is no difference between us and others; we look the same, we talk the same, we fill the same space. The real purpose of social media is to gauge measure and ultimately control the behavior of the crowd for marketing purposes. And as social media, and its values of pliable, identifiable collectives based on mutual interests, migrates from the Web to become more ubiquitous in our everyday lives--try attending a movie or buying a meal, the reductionist conversation that it engenders comes with it.The first negative impact that social media has on the humanities is a multiple-choice format and physical structure that allows only for a very limited, narrow type of communication. There is no room for individual creativity or representation. Humanities also require background and context to impart ideas but social media is an equivalency and framework vacuum that decontextualizes and trivializes information in a way that renders it nearly meaningless. The brevity of communication through social media precludes explanation and circumstance.Within social media, all information is equally important. There are no little or big facts; all data is expressed in compact bites of equal weight. The inability to separate the trivial from the significant leaves us unable to glean consequential substance from what we are saying to each other: the very purpose of the humanities.Lastly, social media creates and archives no history. The humanities are about expanding, describing, understanding and transmitting through the generations, the human condition. The purpose of social media is to understand ever larger groups of people at the expense of the individual. Humanities is exactly the opposite: understanding the individual for the sake of the masses.As human beings, our only real method of connection is through authentic communication. Studies show that only 7% of communication is based on the written or verbal word. A whopping 93% is based on nonverbal body language. This is where social media gets dicey. Every relevant metric shows that we are interacting at breakneck speed and frequency through social media. But are we really communicating? With 93% of our communication context stripped away, we are now attempting to forge relationships and make decisions based on phrases, Abbreviations, Snippets, Emoticons, and which may or may not be accurate representations of the truth. In an ironic twist, social media has the potential to make us less social; a surrogate for the real thing. For it to be a truly effective communication vehicle, all parties bear a responsibility to be genuine, accurate, and not allow it to replace human contact altogether. In the workplace, the use of electronic communication has overtaken face-to-face and voice-to-voice communication by a wide margin. With these two trends at play, leaders must consider the impact on business relationships and the ability to effectively collaborate, build trust, and create employee engagement and loyalty.Q.What does the author mean by ‘reductionist conversation’?

Top Courses for CLAT

Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer?
Question Description
Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. 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 Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. 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.
Here you can find the meaning of Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. Legal Principles:1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.5. Conversations between a doctor and patient are generally confidential but there are few exceptions.A company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate.Q. Which of the following answers is incorrect?a)No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor`s owed was to the governance of the firm.b)Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.c)There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.d)An ability to foresee indirect or economic loss to another person as the result of a defendant’s conduct automatically imposes on the defendant a duty to take care to avoid that loss.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev