Legal Principle: 1. Negligence is the absence of care on the part of one party which results in some damage to the other party. 2. Generally, a person is under no duty to control another to prevent his doing damage to a third party. 3. The foreseeabilitytest basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct. 4. Statutory authority implies that an act is done by a person to fulfil his duty imposedby the State. Statutory authority is a valid defence under the law of torts. Factual Situation: Ten borstal trainees were working on an island in a harbour in the custody and under the control of three officers. During the night, seven of them escaped.It was claimed that at the time of the escape the officers had retired to bed. The seven got on board a yacht, moored off the island and set it in motion. They collided with another yacht, the property of X and damaged it. X sued the Home office for theamount of the damage. Decide whether on the facts pleaded in the statement of claim the Home Office, its servants or agents owed any duty of care to X capable of giving rise to a liability in damages with respect to the detention of persons undergoingsentences of borstal training or with respect to the manner in. which such persons were treated, employed, disciplined, controlled or supervised whilst undergoing such sentences. Decision:

Question

Legal Principle:   1. Negligence is the absence of care on the part of one party which results in some damage to the other party.   2. Generally, a person is under no duty to control another to prevent his doing damage to a third party.   3. The foreseeabilitytest basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct.   4. Statutory authority implies that an act is done by a person to fulfil his duty imposedby the State. Statutory authority is a valid defence under the law of torts.   Factual Situation: Ten borstal trainees were working on an island in a harbour in the custody and under the control of three officers. During the night, seven of them escaped.It was claimed that at the time of the escape the officers had retired to bed. The seven got on board a yacht, moored off the island and set it in motion. They collided with another yacht, the property of X and damaged it. X sued the Home office for theamount of the damage. Decide whether on the facts pleaded in the statement of claim the Home Office, its servants or agents owed any duty of care to X capable of giving rise to a liability in damages with respect to the detention of persons undergoingsentences of borstal training or with respect to the manner in. which such persons were treated, employed, disciplined, controlled or supervised whilst undergoing such sentences.   Decision:

Examsnet · Accepted Answer

Correct Answer is :  The taking by the trainees of the nearby yacht and the causing of damage to the other yacht which belonged to X ought to have been foreseen by the borstal officers as likely to occur if they failed to exercise proper control or supervision; in the particular circumstances, the officers prima facie owed a duty of care to X.

AILET 2017 BA LLB Question Paper

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