| Legal Principle Negligence is the absence of care by one party which results in some damage to another. Damage is an essential ingredient to constitute a tort of negligence. |
| Fact Situation Mistry left his ladder on the public road while unloading it from a truck when he went to open the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting the ladder as he came with speed on the Toad Saini fell down but was miraculously not injured |
| Which of the following statements is the most appropriate in relation to the legal principle stated above? |
A) Mistry is not liable for the tort of negligence since Saini was not injured though he fell down.
B) Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.
C) Mistry is not liable for the tort of negligence since Saini was speeding on the road
D) Mistry is liable for the tort of negligence since he was careless in leaving the ladder on the road
Correct Answer: B
Solution :
Sol. In the given Fact Situation, Saini who was riding his motorcycle got injured because Mistry left his ladder on the public road while unloading it from a truck. Thus, as per given Legal Principle Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.
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