Question

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: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbor, the neighbour for this purpose is any person whom he should have in his mind as likely to be affected by his act.

Factual situation: Krish, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lekha, a pregnant woman passing by, suffered from a nervous shock, leading’ to abortion. Lekha filed a suit against Krishnan claiming damages. DECISION:

पर्याय

• Krish will be liable, because he owed a duty of reasonable care to everybody on the road including Lekha.

• Krish will not be liable, because he could not have foreseen Lekha suffering from nervous shock as a result of his act.

• Krish will be liable to Lekha because he failed to drive carefully.

• None of the above.

Answer 1

Krish will be liable because he owed a duty of reasonable care to everybody on the road including Lekha.

Explanation:

krish's carelessness leads to an accident and further lead to Lekha's abortion. It was the duty of Krish to take the reasonable care of the people around him.