Question

Principle: Negligence is the breach of a duty caused by an omission to do something which a reasonable person would do or an act which a prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breaches, leading to damage.

A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A had left a mop in B ' s stomach while Operating.

विकल्प

• A will be liable for negligence, since there is a breach of the duty of care

• A will not be liable for negligence since it was an accident

• A will not be liable for negligence since no real damage was done

• A will not be liable for negligence since it is not a reasonable act

Answer 1

A will be liable for negligence since there is a breach of the duty of care

Explanation:

The surgeon has neglected his duty. Secondly, as per the principle, he has not fulfilled his obligation.  Therefore "A will be liable for negligence since there is a breach of the duty of care" is correct.