Principle: Any person who provides service to others is bound to ensure that such service is without any defect. Fact: X, a resident of a middle class housing colony, was habituated to taking morning walks in the RWA Park. One day, X, accompanied by his wife, after taking one round in the park, decided to go out to walk on the main road, maintained by the Municipal Corporation. They were walking on the beautiful footpath which was paved with interlocking concrete bricks. Suddenly X’s wife, who was walking behind her husband, fell down into a big hole on the pavement, which was not there when X crossed the point. X pulled out his wife from the pit and observed that the hole occurred due to a bad construction of the pavement. X wants to sue the Corporation for compensation for the injuries suffered by his wife.

Question

Multiple choice

X will not succeed, as the Corporation did not know of the defect in the pavement.
X will succeed, as the Corporation is liable for compensating any loss suffered by its residents.
X will succeed, as the Corporation is duty bound to ensure the security of anyone using its facilities.

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Accepted Answer

X will succeed, as the accident occurred due to the carelessness of the Corporation in not ensuring safety in the construction of the pavement.

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