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Question

In contributory negligence :

The correct answer is
Only one party is negligent and other has not taken due care.

Contributory Negligence Explained

Contributory negligence is a legal principle where the injured party's own actions or failures contribute to the harm they suffered. It means the plaintiff failed to exercise reasonable care for their own safety, and this failure was a factor in causing the injury.

Analysis of Options

Let's analyze the options based on the definition of contributory negligence:

  • Option A: "Only one party is negligent and other has not taken due care." This aligns with contributory negligence if the 'other party' refers to the plaintiff who failed to exercise reasonable care for their own safety, contributing to the injury caused by the 'one party' (the defendant).
  • Option B: "Both parties have contributed to negligence equally." Contributory negligence does not require the fault to be equal.
  • Option C: "Lack of care is equal on both sides." Similar to option B, equality of negligence is not the defining characteristic.
  • Option D: "One party is negligent resulting in injury while the other has taken due care." This scenario describes a situation where only the defendant is negligent, and the plaintiff acted reasonably, negating contributory negligence.

Therefore, Option A best represents the concept where the injured party's failure to take adequate care contributes to their own injury.

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Important Questions from Tort

  1. Which of the following is not a general defence under Torts?
    A. Mistake
    B. Remoteness
    C. Necessity
    D. Consent
    Choose the correct answer from the options given below:
  2. Which of the following is not an absolute privilege under the law of torts?
  3. Which of the following case does not relate to the concept of absolute liability under law of India?
  4. "Just as the criminal law consists of a body of rules establishing specific offence, so the law of torts consists of a body of rules establishing specific injuries". Who stated this ?
  5. Consider the following elements :
    (a) Infringement of a legal right
    (b) Any damage
    (c) Existence of a legal right
    (d) Legal damages
    Right to claim damages in tort would arise only if :
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