Principle 1: In common law, a person can claim damages from another person where that other person owed the first person a duty of care harmed that person through their conduct in breach of that duty.
Principle 2: Negligence is a tort which depends on the existence of a breaking of the duty of care owed by one person to another.
Principle 3: If someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in Tort. Volenti Non Fit Injuria (VNFI)
Facts: Mrs. Sharma, 5’3”, fair, heavily myopic, lives in RK Puram, Delhi. She likes wearing red, watching Kyunki Saas Bhi Kabhi Maregi, wearing high heels and drinking Ginger Beer.
She is so much into Ginger Beer that her daughter is named Ginger and her son is named Beer. She reserves the word ‘honey’ more for her Ginger Beer tastes than for her husband. It can be said that Ms. Sharma’s life revolves around Ginger Beer, the drink. She is also writing a book called “101 Ginger Beer Recipes”.
One fine Sunday morning, Kyunki Saas Bhi Kabhi Maregi ends. The two decade TV Show ended with a profound message “Because everyone dies”. Unable to bear the trauma of her favourite show ending, Mrs. Sharma invites Mrs. Verma and her daughter Erma, two other big fan of KSBKM for a cuppa; of Ginger Beer, of course. Mrs. Sharma resembles Mrs. Verma in that she is 5’3”, fair and heavily myopic.
On this eve, Mrs. Sharma is trying out (in her huge kitchen), what according to her is a self-invented ‘sexier than me’ recipe. It contains freshly chopped parts of one freshly killed snail. The hard crust is discarded; the pulpier portion is put into the Soda. The snail pulp becomes the spirit of the drink, they say.
Mrs. Verma, standing at one extreme end of the kitchen is seeing this, hand on hips. Erma is fascinated by the process too. The drink is ready. “What a lovely ‘live’ drink”, says Mrs. Sharma as the three move on to the drawing room and enjoy the fantastic Ginger Beer.
Late that night, Mrs. Verma, a saas herself, dies. Erma gets a severe stomach ache. Erma sues Mrs. Sharma for damages.
1. Argue for Erma and Mrs. Verma (70-80 words) [2 ½ marks]
2. Argue for Mrs. Sharma (70-80 words) [2 ½ marks]
Note: Such descriptive questions are no longer asked in any law entrance test. NLSIU did have such questions before CLAT. However, CLATapult does tests its students regularly with such questions. When a student writes down an answer, we get to know what and how he/she is thinking .
Image from here.
Do read about the Donoghue v. Stevenson case here.
Do write your answers to the above question as comments below.