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Directions: Read the passage and answer the following question.
In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.
In an action for negligence following defences are available:
1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.
2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.
3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.
Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.
  • a)
    The injury to G was held to be result of inevitable accident and H was not liable.
  • b)
    H could not be held liable, as he did not intend to hurt G.
  • c)
    H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.
  • d)
    Both (a) and (b)
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the following question.In eve...
This is the correct option for the given question.
According to given conditions in question, G and H are neighbours. While H was trying to separate the dogs, he accidentally hit G in his eye who was standing nearby. G sued H. In this case it was not intentional, Hence H cannot be sued. Also injury of G was not an intended act, thus H cannot be held liable.
Therefore, the correct answer is both (a) and (b).
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Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. Alan was driving in the highway after drinking. Octavia was driving with the headlights turned off. They collided resulting in an injury on Octavia's head. Alan could avoid the collision, but because he was highly intoxicated, he was unable to do so. Octavia sued Alan for negligence. Will she succeed?

Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. J had a series of artificial reservoirs on his land which was constructed following accepted procedures and infrastructures and is maintained properly. In the lakes J used to carry on pisciculture and earned huge profit from it.Owing to an exceptional heavy rains, some of the reservoirs bursted and huge amount of water overflowed to nearby housings.

Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. Alia was a pregnant lady and was walking on the pavement. Suddenly a motor-cyclist after passing past her collided with a lorry at the distance of 15 yards from her and died instantly. Alia could see neither the deceased nor the accident but heard the loud bang noise. When she was passing the place she saw blood left on the road. Consequently, she suffered a nervous shock and gave birth to a still-born child of 8 months. She sued the representatives of the deceased motor-cyclist.

Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. Act of God or Vis major is considered to be

Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Murder, this term traces its origin from the Germanic word morth where it means secret killing. Murder means when one person is killed with an intent of another person with malice or forethought. Moreover, an offence will not amount to murder, unless it includes an offence which falls under the definition of culpable homicide. To broadly explain, we can say that murder is a species where culpable homicide is a genus. Murder consists of four main components which can also be known as essentials of murder, before going in-depth with essentials, here are the core concepts discussed: culpable homicide amounts to murder, except in some cases wherein the act, which caused murder, should be done with an intention to cause death or such intention of causing death should cause a bodily injury to that person or if such intention of causing death causes a bodily injury and that bodily injury must have caused the death of that person or he must have the knowledge that the act he has done is immediately dangerous in all probable sense to cause death or a bodily injury that is likely to cause death of a person. And it is a crime to commit an act, even after knowing that the act he does is a risk of causing death or such injury as discussed above.In a case, Milmadhub Sirchar Vs. R (1885), the deceased was kicked and beaten several times by the offender, even after the victim falling senseless. Court held that the murderer would have known that beating and kicking several times would surely result in the death of such person. Thus, he was accused of murder. In other case, Sheik Choollye Vs. R (1865), a person got his head fractured after a man struck his head with a stick while he was asleep. Court held that the offender should have known the likelihood to causing death to that person. And thus, he was convicted for murder. Thirdly, if the act done by the offender is done with an intention to cause any bodily injury as it is sufficient in normal sense to result in death of that person - the subjective factor ends with the fact that in any ordinary course of action, if a person acts to kill or harm a person with full knowledge of causing a bodily injury which is sufficient to cause death of such person. There is no need of any further inquiry in this context. In the case of Visra Singh Vs. State of Punjab (1958), the SC ruled that when the offender fails to prove that the act was done accidentally or unintentionally, then Court might charge him with that offence and hence, the presumption is that he would have intended to act to cause a deadly injury to the victim of such crime.Q.Mr. X accidentally kills Mr. Y. When the case came to court, the defence council could not prove that the death was accidental. Decide what will happen.

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Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer?
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Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)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 Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the following question.In everyday usage, the word 'negligence' denotes mere carelessness. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. It must also be established that the defendant owed a duty of care towards the plaintiff. And that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. The damage caused to the plaintiff was the result of the breach of the duty. The harm may fall into following classes physical harm i.e. harm to body, harm to reputation, harm to property, i.e. land and buildings and rights and interests pertaining thereto, and his goods, economic loss and mental harm or nervous shock.In an action for negligence following defences are available:1. Contributory Negligence: It was the Common law rule that anyone who by his own negligence contributed to the injury of which he complains cannot maintain an action against another in respect of it. Because he will be considered in law to be an author of his wrong.2. Act of God or Vis Major: It is such a direct, violent, sudden and irresistible act of nature as could not, by any amount of human foresight have been foreseen or if foreseen, could not by any amount of human care and skill, have been resisted. Such as storm, extraordinary fall of rain, extraordinary high tide, earthquake etc.3. Inevitable Accident: Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means accident physically unavoidable.Q. G and H are neighbours having adjacent houses. Both of them have a pet dog and they can't stand each other. One day the dogs escaped through the gates and started to fight. Hearing loud barking's both G and H came out of their houses to see what was happening. While HH was trying to separate them, he accidentally hit G in his eye who was standing nearby. G sued H.a)The injury to G was held to be result of inevitable accident and H was not liable.b)H could not be held liable, as he did not intend to hurt G.c)H could be held liable, as he owed a duty towards G to act more cautiously, which he breached.d)Both (a) and (b)Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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