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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.
Facts: A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which B developed some medical problems and had to undergo another surgery. Is A liable?
विकल्प
A is not liable as he did not foresee any consequences at the ti me of surgery.
As only a small swab was left in the abdomen, there was no negligence.
A is liable for the negligence as he failed to take proper care during the surgery
Liability for negligence does not arise here as a performed the operation sincerely.
उत्तर
A is liable for the negligence as he failed to take proper care during the surgery.
Explanation:
A is liable for the negligence as he failed to take proper care during the surgery. It was the duty of the doctor A to ensure the utmost safety of his patient B during the surgery.
Forgetting a cotton swab inside the abdomen caused medical problems. A doctor is liable under negligence.
APPEARS IN
संबंधित प्रश्न
Principle: Causing an effect partly by an act and partly by an omission is an offense.
Facts: A did not provide any food to his daughter D. He also confined D in a room. Consequently, D died.
Mark the best option:
Fact: Ganesh had a ferocious dog as his pet. The dog used to terrorize people in the neighborhood by attacking the pet animals. One day the dog started attacking Bipasha’s cat on the road and followed the cat into Bipasha’s house and continued attacking her cat. Her cat was seriously wounded and was bleeding. Bipasha made several attempts to chase the dog away but it was of no use, so she got hold of a kitchen knife and inflicted a severe wound on the dog’s body. After this, the dog ran off. The dog subsequently died because of the wound. Ganesh sued Bipasha for damages saying that she should have called him for help.
Principle:
- Every person has a right to defend his own person, property or possession against unlawful harm.
- The person may use reasonable force in order to protect his person, property or possession
- However, the force employed should be proportionate to the apprehended danger.
Legal Principle: A person who keeps hazardous substances in his premises, is responsible for the fault if that substance escapes in any manner and causes damage.
Facts: A, an industrialist stored 1000 litres of liquid ammonia in a tank in his premises for his industrial use. There was a leakage from the tank due to which there was ammonia vapour in the surroundings. Many workers in other industries, as well as his own industry and some members from the public, suffered serious health hazards. Examine the liability of A, if any.
When the consent to the contract is caused by coercion, then under Section 19, the contract will be considered as:
Which of the following is not an element of an intentional tort?
Consent defines as
LEGAL PRINCIPLE 'Consent' defined as - Two or more persons are said to consent when they agree upon the same thing in the same sense.
What does 'consent' include?
LEGAL PRINCIPLE An occupier is not normally liable to a trespasser except in respect of a wilful act intended to cause him harm or done with reckless disregard.
FACTUAL SITUATION Tony, a Richman, had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near the dog. Further, a special handler was hired to take care of the dog. Visitors were warned by a prominent warning signboard about this dog.
One day, a 13 years old boy playing in the neighbourhood, running after his ball got into the house. The dog attacked him and kill him, Tony was sued for damages.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principles: A private nuisance may consist of:
1. Any interference with a person’s use or enjoyment of land.
2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.
Factual situation: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here DECISION:
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal principle: Whoever stores a substance that could cause damage to escape shall be absolutely liable (i.e. liable even when he has exercised necessary care) for any damage caused by the escape of the substance.
Factual situation: Union Carbide India Limited (UCIL) manufactured methyl isocyanate, an extremely toxic gas. Due to a storm, the gas that was being stored in sealed containers got released. Before much could happen, the local municipal authorities managed to contain the disaster. The authorities filed a suit against UCIL for the costs that were incurred in decontamination. However, later it was realized that the clean-up by the authorities could have been done without spending as many resources and the damage was not that significant. UCIL argued that it would pay only part of the amount demanded by the authorities, which could have dealt with the contamination. DECISION:
