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Gautam is a employee and had a heart condition, which made him sensitive to loud music. Manish was energetic young employee the same company. One day manish remove his headphones which were barely loud.when he reached to pause the music,his headphones got disconnected and disturbingly loud music started playing which took Gautam by surprise and Gautam’s heart gave out on the spot. Is manish liable for homicide ,murder or not liable?
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Gautam is a employee and had a heart condition, which made him sensiti...
Overview of Liability
In the case involving Gautam and Manish, the question of liability hinges on the nature of Manish's actions and the foreseeability of the consequences.
Elements of Liability
- Intent: Manish did not intend to harm Gautam. His action of removing the headphones was not motivated by malice or recklessness.
- Negligence: For liability to arise, a duty of care must exist. Manish may not have been aware of Gautam's heart condition, which complicates the determination of negligence.
- Foreseeability: The sudden loud music was an unexpected event. Manish could not have reasonably foreseen that disconnecting his headphones would lead to a fatal incident for Gautam.
Types of Homicide
- Murder: This requires intent to kill or cause serious harm. Manish's actions lack the necessary intent, making murder unlikely.
- Homicide: While the outcome (Gautam’s death) is tragic, it does not indicate that Manish acted with the intent or knowledge that his actions would lead to such a severe result.
- Involuntary Manslaughter: This may apply if Manish acted with gross negligence. However, given the unforeseen nature of the loud music and lack of intent, this also seems unlikely.
Conclusion
- Not Liable: Given the circumstances, Manish is likely not liable for homicide or murder. His actions, while unfortunate, did not exhibit intent or negligence that directly caused Gautam's death.
In summary, without clear intent or foreseeability, Manish's liability in this tragic incident remains minimal.
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Gautam is a employee and had a heart condition, which made him sensitive to loud music. Manish was energetic young employee the same company. One day manish remove his headphones which were barely loud.when he reached to pause the music,his headphones got disconnected and disturbingly loud music started playing which took Gautam by surprise and Gautam’s heart gave out on the spot. Is manish liable for homicide ,murder or not liable?
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Gautam is a employee and had a heart condition, which made him sensitive to loud music. Manish was energetic young employee the same company. One day manish remove his headphones which were barely loud.when he reached to pause the music,his headphones got disconnected and disturbingly loud music started playing which took Gautam by surprise and Gautam’s heart gave out on the spot. Is manish liable for homicide ,murder or not liable? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Gautam is a employee and had a heart condition, which made him sensitive to loud music. Manish was energetic young employee the same company. One day manish remove his headphones which were barely loud.when he reached to pause the music,his headphones got disconnected and disturbingly loud music started playing which took Gautam by surprise and Gautam’s heart gave out on the spot. Is manish liable for homicide ,murder or not liable? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Gautam is a employee and had a heart condition, which made him sensitive to loud music. Manish was energetic young employee the same company. One day manish remove his headphones which were barely loud.when he reached to pause the music,his headphones got disconnected and disturbingly loud music started playing which took Gautam by surprise and Gautam’s heart gave out on the spot. Is manish liable for homicide ,murder or not liable?.
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