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. The policeman cannot succeed, because he suffered injury voluntarily.

  2. The policeman can succeed, because fie owed a duty of care to old woman.

  3. The old woman was under a duty to take care of herself.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The policeman was acting within his official duties when he stopped the runaway horses, and Hanuman Stores' negligence in leaving the carriage unattended directly caused the dangerous situation. The principle of duty of care extends to public servants performing their official responsibilities, so the policeman can succeed in claiming compensation for injuries suffered while preventing harm to others.

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