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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 person would 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.
    Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.
    Q. Which of the following is incorrect?
    • a)
      The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.
    • b)
      The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.
    • c)
      The therapists and Regents of University are liable for breach of duty to exercise reasonable care.
    • d)
      Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.
    Correct answer is option 'D'. Can you explain this answer?
    Most Upvoted Answer
    Direction: Given below is a statement of legal principle followed by ...
    Option (A), (B), and (C) are correct. 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. In this case, it can be presumed that the police did not have the requisite proximity or special relationship with the family of Pamela. In the same way, other options are also correct.
    However, option (D) is incorrect because it would be wrong to claim that the information on the intent of murder should not have been disclosed to the family of Pamela on the ground that the counselling session is of confidential nature.
    Hence, the correct option is (D).
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    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.Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?

    A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.

    A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. A rents a flat in Bandra, Mumbai. The flat belongs to B, the owner of the flat who gives it on lease to A. In the agreement between them, A is the lessee and B is the lessor. A is thus under obligation to keep the property in his control separate from his own and must not use it in trading for his own benefit. Moreover A has an obligation to maintain the property in good condition so that it does not decay. Can the relation between A and B be defined as a fiduciary relationship?

    A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. In a partnership business, if one of the partners dies, then the remaining partners have a fiduciary relationship to ensure the interests of the deceased partner towards his representatives. Does this statement hold true with respect to the passage above?

    A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. The relationship between the parent and the child is of fiduciary nature as parents act in good faith for the benefit of the child to safeguard and protect the interest of the child. Does this statement hold true with respect to the passage above?

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    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 person would 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.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: 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. 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. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman. Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela’s parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman’s intentions, and that the police had briefly detained him, but then released him. Pamela’s parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit.Q. Which of the following is incorrect?a)The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman’s intention.b)The public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.c)The therapists and Regents of University are liable for breach of duty to exercise reasonable care.d)Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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