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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. Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an office's compound wall, which the courier company failed to maintain in good condition?
  • a)
    The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.
  • b)
    The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.
  • c)
    The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.
  • d)
    The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.
Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the given passage and answer the question that follow...
The courier company authorities were found liable because they were obligated to uphold the maintenance of the office premises, and their failure to fulfill this duty resulted in the collapse, thus rendering them accountable.
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Directions: Read the given passage and answer the question that follow...
Justification of the Judgment
The judgment holding the courier company responsible for the injuries sustained due to the collapse of the office's compound wall is justified for several reasons:
Duty of Care
- The courier company had a legal duty to maintain the office premises, which includes ensuring that structures such as compound walls are safe and well-maintained.
- This duty arises from the relationship between the company and its employees, where the company is obligated to provide a safe working environment.
Breach of Duty
- By failing to maintain the compound wall, the courier company breached its duty of care. This negligence directly contributed to the injuries sustained by the defendant.
- The law requires that the company exercise reasonable care to prevent harm to its employees, and failing to do so constitutes a breach.
Proximate Cause
- The injuries sustained were the direct result of the company's failure to maintain the wall. This establishes a clear causal link between the company's negligence and the harm suffered.
- The "but-for" test applies here: but for the company's negligence in maintaining the wall, the injuries would not have occurred.
Legal Precedent
- Legal principles dictate that employers are responsible for ensuring the safety of their premises, thus reinforcing the justification for the judgment.
- The law recognizes that employers must take reasonable steps to prevent foreseeable risks to their employees.
In summary, the courier company was liable due to its failure to uphold its duty of care, resulting in a breach that led to the injuries sustained by the defendant. Therefore, the judgment is justified.
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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 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. 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?

Relationships are how we relate to others. We have relationships with everyone we know and those who are close to us. Each and every interaction we have with another person is the act of relating. If we have a problem relating to others, it affects our ability to have supportive relationships. We have to ask ourselves if our relationships are supportive, and if they are not, then ask why they are not,Everyone wants the perfect romance or marriage, but not everyone looks at the mechanics of how to have one. If we fail to have supportive relationships in our life, how can we have the "perfect love" relationships? Through the act of supporting, we honour and validate who the other person is.This is turn, validates who we are. So, both are supported; no one loses; no egos are involved; and, so doing, we honour the relationship.This is what it means to have a supportive relationship. This is the desired goal. Now, how do we accomplish it?Our conduct patterns, 'positive' or 'negative' get set as we grow up. In order to clear a problem, one must identify the original cause which created a behavioral pattern, move through the experience of that situation and experience the emotions associated with it.The healing process is a time when we must love the self. If we beat up the self about the experience which had caused us harm or our past reaction to it, then we cannot heal. In being loving to the self, we validate what we had experienced at that time.Our emotions are always valid. So, it is important for us to do this self-validation in order to heal. Love is the energy which helps us heal-whether we give this love to ourselves or receive it from another.Loving relations start with the self. When we look at having supportive relationship in our life, why not start with the self?Because that is where love comes from. This is what transforms our relationships and our lives. We must love the self first. And we cannot do that until we have healed and become whole. Spiritually we must rise, and our spiritual quotient must be high.For, it is not about what we can receive from love, but what we can contribute or give to love. The more we give, the more are the returns.Q. How can we honour relationships?

Relationships are how we relate to others. We have relationships with everyone we know and those who are close to us. Each and every interaction we have with another person is the act of relating. If we have a problem relating to others, it affects our ability to have supportive relationships. We have to ask ourselves if our relationships are supportive, and if they are not, then ask why they are not,Everyone wants the perfect romance or marriage, but not everyone looks at the mechanics of how to have one. If we fail to have supportive relationships in our life, how can we have the "perfect love" relationships? Through the act of supporting, we honour and validate who the other person is.This is turn, validates who we are. So, both are supported; no one loses; no egos are involved; and, so doing, we honour the relationship.This is what it means to have a supportive relationship. This is the desired goal. Now, how do we accomplish it?Our conduct patterns, 'positive' or 'negative' get set as we grow up. In order to clear a problem, one must identify the original cause which created a behavioural pattern, move through the experience of that situation and experience the emotions associated with it.The healing process is a time when we must love the self. If we beat up the self about the experience which had caused us harm or our past reaction to it, then we cannot heal. In being loving to the self, we validate what we had experienced at that time.Our emotions are always valid. So, it is important for us to do this self-validation in order to heal. Love is the energy which helps us heal-whether we give this love to ourselves or receive it from another.Loving relations start with the self. When we look at having supportive relationship in our life, why not start with the self?Because that is where love comes from. This is what transforms our relationships and our lives. We must love the self first. And we cannot do that until we have healed and become whole. Spiritually we must rise, and our spiritual quotient must be high.For, it is not about what we can receive from love, but what we can contribute or give to love. The more we give, the more are the returns.Q. According to the author from where does love start?

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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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct 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.Was the judgment justified in holding the courier company responsible for the injuries sustained by the defendant due to the collapse of an offices compound wall, which the courier company failed to maintain in good condition?a)The judgment was not justified because the defendant has a reasonable obligation to ensure their own safety and well-being.b)The courier company authorities were liable since they had a duty to maintain the office premises. Therefore, the judgment is justified.c)The courier company authorities were not liable because it was the responsibility of the construction company to use good quality construction materials.d)The judgment was justified because the law specifies that the company would be held responsible for any harm caused to an employee, whether within or outside the office premises.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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