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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. "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 ?
  2. 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 :
  3. Assertion (A) : X opens a food court in front of Y's 'food joint'. All the customers of Y patronise X. Y can not claim damages from X.
    Reason (R) : There is a Latin maxim ‘damnum sine injuria'.
    Give the answer using the following Codes :
  4. Match List - I with List - II and select the correct answer using the codes given below :
    List - I
    (Principle)
    List - II
    (Associated Case)
    (a) Absolute Liability(i) Gloucester Grammar School
    (b) Damnum sine injuria(ii) Ashby Vs. White
    (c) Injuria sine damnum(iii) Stanely Vs. Powel
    (d) Inevitable accident(iv) Ryland Vs. Fletcher
  5. Which one of the following is not a valid defence in tort ?
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