Question

Principle: A person is liable for the tort of negligence if they fail to exercise reasonable care, causing harm to another. 
Facts: Ram, a driver, was driving at 80 km/h in a residential area with a speed limit of 40 km/h. He hits a pedestrian, Shyam, causing injury. Is Ram liable?

• A. No, because Shyam should have been more careful.
• B. Yes, because Ram exceeded the speed limit.
• C. No, because the speed limit is not enforceable.
• D. Yes, because Shyam was a pedestrian.

Hint:

Practice principle-fact questions by identifying the legal principle, applying it to the facts, and eliminating irrelevant options.

Answer 1

The Correct Option is B

Step 1: Apply the principle 
The principle states that negligence occurs when a person fails to exercise reasonable care, causing harm. We need to apply this to the facts. 
Step 2: Analyze the facts 
Ram was driving at 80 km/h in a 40 km/h zone, indicating a failure to exercise reasonable care (violating the speed limit). 
This action caused harm to Shyam, a pedestrian. 
The elements of negligence (duty of care, breach, causation, and harm) are met. 
Step 3: Evaluate options 
A) No, because Shyam should have been more careful: Contributory negligence by Shyam is not mentioned, so this is irrelevant. 
B) Yes, because Ram exceeded the speed limit: Correct, as exceeding the speed limit is a breach of reasonable care. 
C) No, because the speed limit is not enforceable: Speed limits are legally enforceable, so this is incorrect. 
D) Yes, because Shyam was a pedestrian: Being a pedestrian doesn't automatically make Ram liable; the breach (speeding) does. 
Step 4: Conclusion 
The correct answer is (2) Yes, because Ram exceeded the speed limit, as it directly relates to negligence.