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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?
  • a)
    Yes, because Alan must face consequences of his act.
  • b)
    Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.
  • c)
    No, because Alan only had a narrow window of time to avoid the collision.
  • d)
    No, because both of them contributed to the negligent act.
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.
Alan was driving in the highway after drinking. Octavia was driving with the headlights turned off. Both have neglected the rules and regulations of driving. 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. In the condition given in the question nobody can sue each other as it is a case of contributory negligence.
Therefore, the correct answer is No, because both of them contributed to the negligent act.
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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. 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. 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.

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. Act of God or Vis major is considered to be

Remoteness of damage is an interesting principle. Once the damage is caused by a wrong, there have to be liabilities. The question is how much liability can be fixed, and what factor determines it. The principle of Remoteness of Damages is relevant to such cases. An event constituting a wrong can constitute a single consequence or may constitute a set of consequences i.e. series of acts/wrongs. The damage may be proximate or might be remote, or too remote. A few elaborations of cases would perhaps make it more clear.In Haynes v. Harwood - the defendant’s servants negligently left a horse van unattended in a crowded street. The throwing of stones at the horses by a child, made them bolt and a policeman was injured in an attempt to stop them with a view to rescuing the woman and children on the road. One of the defences pleaded by the defendant was remoteness of consequences i.e. the mischief of the child was the proximate cause and the negligence of the servants was a remote cause. The rules on the remoteness of damage in the contract are found in the Court of Exchequer’s judgment in Hadley v Baxendale, as interpreted in later cases. In Hadley v Baxendale, the plaintiff’s mill had come to a standstill due to their crankshaft breakage. The defendant carrier failed to deliver the broken crankshaft to the manufacturer within the specified time. There had been a delay in restarting the mill. The plaintiff sued to recover the profits they would have made if the mill had been started without delay. The court rejected the claim on the ground that the mill’s profits must be stopped by an unreasonable delay in the carrier’s delivery of the broken shaft to the third person.Certainly, the question of where to draw the line on recoverability of consequential losses cannot be answered by a mathematically precise formula. Judges have used their discretion from time to time, and in that process, two formulas have been highlighted:1. The test of reasonable foresight2. The test of directnessThe Test of Reasonable Foresight - If the consequences of a wrongful act could be foreseen by a reasonable man, then they are not too remote. If on the other hand, a reasonable man could not have foreseen the consequences, then they are too remote. And, an individual shall be liable only for the consequences which are not too remote i.e. which could be foreseen.The Test of Directness- according to the test of directness, a person is liable for all the direct consequences of his wrongful act, whether he could foresee them or not; because consequences which directly follow a wrongful act are not too remote.Q. Suri was 6 feet 4 inches tall, working in the factory of Mandeep. The factory had a very low ceiling. Suri was aware of this problem and took as much precaution as possible, however, one fateful day, he banged his head on the fan and got severely hurt. Due to getting hurt on the head, he started suffering from depression and anxiety. One day while his treatment was still going on, in a fit of anxiety and depression, Suri hung himself and committed suicide. Suri 's kin holds Mandeep liable. Can Mandeep be held responsible for Suri getting hurt on the head?

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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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.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. 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?a)Yes, because Alan must face consequences of his act.b)Yes, because Alan breached the duty of care that he owes to the other people driving on the highway.c)No, because Alan only had a narrow window of time to avoid the collision.d)No, because both of them contributed to the negligent act.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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