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Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared
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the CLAT exam syllabus. Information about Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. 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 question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. In the fact situations of the case above, if there was no leakage in the electricity pole and when A caught hold of the pole, an electricity wire broke and fell into the pit. A was electrocuted and died on spot. In a suit for damages by B, wife of A, the Court established a commission to examine the pole and wire. It was found that the wire had outlived its life and was weak, making it easily breakable. Discuss the liability of electricity board.a)The electricity board is not liable as it had no knowledge of the wire being outdatedb)The electricity board is not liable as A put pressure on the electricity pole causing wire to breakc)The electricity board is liable as it is the duty of electricity board to take care that the old and outdated wires are replaced.d)The electricity board is liable as it is the duty of electricity board to hang wire at such height that it does not fall and touch the road.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.