Multiple choice

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Hanuman Stores sent certain items in a horse carriage to a customer's house, which happened to be by the side of a main road and near a School Zone. The driver of the carriage delivered the items to the customers and went inside the house to collect the receipt, leaving the carriage unattended on the road. Some naughty children of nearby school threw stones at the horses. The horses ran in confusion and they were about to run over an old woman. A traffic police, at great risk to his life, somehow seized the horses and stopped the carriage. He suffered serious personal injuries in the process. The policeman seeks compensation from Hanuman Stores.

Principles:

  1. Whoever is under a duty of care to another shall be liable for any injury to the latter directly resulting from the breach of that duty.
  2. Harm suffered voluntarily does not constitute legal injury.

  1. Hanuman Stores is not liable, because they do not owe a duty of care to the old Woman or policeman.

  2. Hanuman Stores is liable, because they owe a duty of care to all the users of the road.

  3. Both old woman and policeman could have taken reasonable care to protect themselves.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Hanuman Stores owed a duty of care to all road users when they left their horse carriage unattended on a public road near a school. The driver failed to take reasonable precautions by leaving the carriage unattended, which directly led to the chain of events causing the policeman's injury. Under negligence law, they are liable for injuries resulting from this breach of duty.

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