AILET 2018 BA LLB Question Paper with answer key for online practice
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Directions (Q. 82 - Q. 83):
Apply the legal principles to the facts given below and select the most appropriate answer
Legal Principles :
1. The Tort of Negligence is a legal wrong that is suffered by someone atthe hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationshipof proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred ‘but for’ the negligence of the defendant. The claimant must prove, on the balance of probabilities, thatthe defendant’s breach of duty caused the harm.
Apply the legal principles to the facts given below and select the most appropriate answer
Legal Principles :
1. The Tort of Negligence is a legal wrong that is suffered by someone atthe hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationshipof proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred ‘but for’ the negligence of the defendant. The claimant must prove, on the balance of probabilities, thatthe defendant’s breach of duty caused the harm.
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Question : 83 of 150
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Factual Situation : A 13-year-old boy fell from a tree. He went to a hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. Despite receiving treatment, it was determined that he had suffered from a muscular condition (avascular necrosis) which left the boy with a permanent disability and further left a strong probability that he would develop severe osteoarthritis later in life. The expert medical testimony indicated that had his fractured hip been identified on his initial hospital visit, there was a 25% chance of his condition having been successfully treated. He is claiming compensation for the negligence of hospital. Whether the hospital’s negligence on his initial visit had caused his injury ?
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