AILET 2013 Question Paper with answer key for online practice
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Question : 75 of 149
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LEGAL PRINCIPLES :
1) Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable manwould not do.
2) Defendant’s duty of care depends on the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.
FACTUAL SITUATION : The defendants employees of the Municipal Corporation opened a manhole in the street and inthe evening left the manhole open and covered it by a canvass shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there, when he stumbled over it andfell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries. The defendants are
DECISION :
1) Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable manwould not do.
2) Defendant’s duty of care depends on the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.
FACTUAL SITUATION : The defendants employees of the Municipal Corporation opened a manhole in the street and inthe evening left the manhole open and covered it by a canvass shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there, when he stumbled over it andfell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries. The defendants are
DECISION :
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