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Sunday, March 30, 2014

[LST] LR

Principle 1: No suit shall lie for damage caused to any person due to an inevitable accident. 

Principle 2: An inevitable accident is that which could not possibly be prevented by exercise of ordinary care, caution and skill. 

Principle 3: For preventing an accident law obliges every person to employ all reasonable measures and precaution to avoid such accident. 

Facts: X participated in the prestigious annual shooting contest held at Chennai. All the participants and organisers were granted safety gear and shooters were directed to stay on the covered arena. X fired a pellet which deflected and hit Y who was responsible for score counting. Y sued X and organisers for accident. Decide.
  Q.4 
Whether the accident was inevitable in nature?

 a Yes, as it could not be prevented even after providing gear and safe firing instructions to all.     
  bNo, as accident was caused due to negligence of X.
  cNo, as accident was caused due to contributory negligence of Y and X.
  dYes, as it was an act of god.
 




Whether X is obliged to compensate Y?

  aNo, as compensation in this case cannot be quantified.
  bYes, as Sunil ought not to have fired carelessly.
  cYes, as X is strictly liable for any damage caused by his gunshot.
  dNo, as the accident was inevitable and it could not have been prevented even by taking all reasonable measures.     
   

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