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Question

There is a school by the side of the road. Three children of nursery class stray away from the school on to the road. A truck driver, who was driving the truck at a normal speed, notices the children. While trying to save the children, the truck hits a shop and an injury is caused to one Person. Which of the following assertions correctly represent the law?

A The school management is liable as they are negligent in not keeping the children within the school Premises. Correct Answer Incorrect Answer
B The truck driver is liable as he did not take proper care Correct Answer Incorrect Answer
C The children are liable as they contributed to the accident. Correct Answer Incorrect Answer
D None is liable as it is a Pure accident. Correct Answer Incorrect Answer
E This is a case of contributory negligence Correct Answer Incorrect Answer

Solution

ESSENTIALS OF NEGLIGENCE: - In an action for negligence, the plaintiff has to prove the following essentials:   1. Duty to take care 2. Duty must be toward plaintiff 3. Breach of duty to take care 4. That the breach of such duty was the direct and proximate cause of the damage alleged.

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