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.

Principle: Whoever, unlawfully or negligently does any act which is, and which he knows or has reason to believe to he, likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection of disease dangerous to life.

Facts: 'K', a person, knowing that he is suffering from Cholera, travels by a train without informing the railway officers of his condition.

Options

• 'K' has committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers.

• Railway officers are guilty of an unlawful and negligent act, as 'K' who is suffering from Cholera disease has travelled by the train

• 'K' has not committed an unlawful and negligent act, which is likely to Spread the infection of Cholera disease dangerous to the life of fellow-passengers

• Both 'K' and Railway officers are guilty of an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow passengers.

Answer 1

'K' has committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers.

Explanation:

According to the principle given here, which is enshrined in the tort of negligence, you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.   
So, in the present scenario, K has committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers.