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 None is liable as it is a pure accident 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 The school management is liable as they are negligent in not keeping the children within the school premises 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 towards the 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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