CLAT Exam > CLAT Questions > Principle: Everybody is under a legal obliga...
Start Learning for Free
Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.
Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
- a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.
- b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.
- c)Krishna will be liable to Lakshmi because he failed to drive carefully.
- d)None of the above.
Correct answer is option 'B'. Can you explain this answer?
| FREE This question is part of | Download PDF Attempt this Test |
Most Upvoted Answer
Principle: Everybody is under a legal obligation to take reasonable c...
The factual situation is based on the landmark case law: Bourhill vs. Young The plaintiff, a fisher woman was unloading baskets of fishes from the cart. She saw a motorcyclist go past her, in top speed. A short while later, she heard a collision. She went to the accident spot and saw blood splattered all over. She suffered nervous shock and she was carrying a child, she delivered a stillborn child. She sued the legal representatives of the deceased motorcyclist. She was not allowed any compensation, as the deceased could not have foreseen the nervous shock suffered by the lady, as he owed no duty of care towards her.
Free Test
FREE
| Start Free Test |
Community Answer
Principle: Everybody is under a legal obligation to take reasonable c...
Explanation:
Foreseeability of Harm:
- In this case, Krishnan was driving at a high speed in a crowded road, which could foreseeably lead to accidents.
- However, the harm suffered by Lakshmi, a pregnant woman who experienced nervous shock leading to an abortion, may not have been foreseeable to Krishnan.
Legal Obligation to Avoid Harm:
- According to the legal principle mentioned, everybody is under an obligation to take reasonable care to avoid causing harm to their neighbor.
- While Krishnan owed a duty of care to other individuals on the road, including the cyclist he knocked down, it may be argued that he could not have reasonably foreseen the specific harm suffered by Lakshmi.
Standard of Care:
- Krishnan's liability would depend on whether he breached the standard of care expected of a reasonable person in his position.
- If it can be established that Krishnan failed to drive carefully and that his actions directly led to the harm suffered by Lakshmi, he may be held liable.
Conclusion:
Given the circumstances of the case and the legal principle of foreseeability of harm, it may be argued that Krishnan will not be liable to Lakshmi for the harm she suffered as a result of his actions.
Foreseeability of Harm:
- In this case, Krishnan was driving at a high speed in a crowded road, which could foreseeably lead to accidents.
- However, the harm suffered by Lakshmi, a pregnant woman who experienced nervous shock leading to an abortion, may not have been foreseeable to Krishnan.
Legal Obligation to Avoid Harm:
- According to the legal principle mentioned, everybody is under an obligation to take reasonable care to avoid causing harm to their neighbor.
- While Krishnan owed a duty of care to other individuals on the road, including the cyclist he knocked down, it may be argued that he could not have reasonably foreseen the specific harm suffered by Lakshmi.
Standard of Care:
- Krishnan's liability would depend on whether he breached the standard of care expected of a reasonable person in his position.
- If it can be established that Krishnan failed to drive carefully and that his actions directly led to the harm suffered by Lakshmi, he may be held liable.
Conclusion:
Given the circumstances of the case and the legal principle of foreseeability of harm, it may be argued that Krishnan will not be liable to Lakshmi for the harm she suffered as a result of his actions.
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
Top Courses for CLATView all
Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer?
Question Description
Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. 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 Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer?.
Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. 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 Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Principle: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in mind as likely to be affected by his act.Facts: Krishnan, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant women passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.a)Krishnan will be liable, because he owed reasonable care to everybody on the road including Lakshmi.b)Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.c)Krishna will be liable to Lakshmi because he failed to drive carefully.d)None of the above.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
|
|
Explore Courses for CLAT exam
|
|
Suggested Free Tests
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
Follow Us
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup