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Directions: Read the given passage and answer the question that follows.
The term 'negligence' means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.
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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.
Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.
To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.
It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. It's not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendant's violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendant's actions, the plaintiff would not have incurred the damages. Proximate cause means 'legal cause', or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.
[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]
Q. Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?
  • a)
    Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the building's leakages.
  • b)
    Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.
  • c)
    Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.
  • d)
    Either 1 or 2
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Directions: Read the given passage and answer the question that follow...
Richard's liability arises because it was his responsibility to ensure proper care in the installations, considering the current condition of the building.
In this context, it refers to the failure to perform an action correctly when it should have been executed properly.
In this particular scenario, Richard becomes accountable for using substandard materials during the repair of an aging building, significantly increasing the risk of structural failure and harm to individuals.
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Most Upvoted Answer
Directions: Read the given passage and answer the question that follow...
Understanding Richard's Liability
In the context of negligence law, Richard's responsibility for the fire incident in Sunville apartment hinges on the duty of care he owed during his installation work.
Duty of Care
- Richard had an obligation to exercise reasonable care while performing any electrical installations, especially in an old building like Sunville, which was known for water leakages.
- This duty is not just limited to the specific task assigned (installing the new security system) but extends to ensuring that his work does not create further hazards.
Reasonable Care
- Given the building's condition, it was reasonable to expect that Richard should have taken extra precautions against potential risks, such as using insulated wires to prevent electrical fires.
- The principle of "but-for" causation applies here; but for Richard's negligence in not using insulated wires, the fire would likely not have occurred.
Proximate Cause
- The proximate cause of the fire can be traced back to Richard’s failure to follow safety standards in his installation. Even though the building had existing issues, his actions directly contributed to the incident.
Conclusion
- Therefore, option (b) is correct: Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.
In summary, Richard's actions not only breached his duty of care but also directly led to the fire, making him liable for the damages incurred.
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Read the given passage and answer the question that follows.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.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18thcentury. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.Q.Richard carried out a new project in Sunville apartment which was built in 1980s. Sunville apartment being an old building was prone to water leakages and needed cautious repairs. Richard while installing the new fire system used non-insulated wires. Sunville apartment met with a short circuit and the building caught fire. Richard was held liable for the fire. Is Richard liable for the same?

Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Who would be considered responsible for the theft of a valuable antique painting worth 50,000/- that occurred while Mickey, an interior designer, was engaged in renovating a house, and she left the house unlocked and unattended?

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

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

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

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Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. Can you explain this answer?
Question Description
Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. 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 given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. 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 given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the given passage and answer the question that follows.The term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care which the doer, as a reasonable man, should have exercised in a particular situation. Negligence in English law is emerged as an independent cause of action only in the 18th century. Similarly, the Indian law, the IPC, 1860, contained no provision for causing the death of a person by negligence which was subsequently amended in the year 1870 by inserting Section 304A.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. In general sense, the extent of liability in tort is determined by the number of damages a party has incurred. Consequently, in criminal law, the extent of liability is determined by the amount and degree of negligence.Negligence can be characterised in three forms: Nonfeasance, means the act of failure to do something which a person should have done; Misfeasance, means the act of not doing an action properly when it should have been done properly; Malfeasance, means the act of doing something which should not have been done in the first place itself.To commit the tort of negligence, there are primarily six main essentials that are required. An act will be categorised as negligence only if all the conditions are satisfied. Duty of care is one of the essential conditions of negligence in order to make the person liable.It means that every person owes a duty of care to another person while performing an act. Although this duty exists in all acts, in negligence, the duty is legal in nature and cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature. A duty arises when the law recognises a relationship between the defendant and the plaintiff, and requires the defendant to act in a certain manner towards the plaintiff. It is not sufficient that the defendant owed a duty of care towards the plaintiff, but it must also be established which is usually determined by the judge. Its not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant breached his duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. The plaintiff who is suing the defendant for negligence has the liability to prove that the defendants violation of duty was the actual cause of the damages incurred by him. This is often called the "but-for" causation which means that but for the defendants actions, the plaintiff would not have incurred the damages. Proximate cause means legal cause, or the cause that the law recognises as the primary cause of the injury. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs.[Extracted, with edits and revisions, from Negligence In Law Of Torts, blog by Ipleaders]Q.Is Richard responsible for the fire that occurred in Sunville apartment due to his installation of non-insulated wires when working on the new project, considering that Sunville apartment is an old building prone to water leakages that required careful repairs?a)Richard cannot be held liable for the incident because his responsibility was solely to install the new security system, and he was not tasked with addressing the buildings leakages.b)Richard will be held liable for the incident since it was his duty to exercise reasonable care in his installations, considering the existing condition of the building.c)Richard will be held liable because he assumed responsibility for the repairs, including fixing the leakages and other building flaws.d)Either 1 or 2Correct answer is option 'B'. 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