All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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82.

Contributory negligence means

A: The failure by a person to use reasonable care for the safety of either of himself or his property
B: Volunteer to pay for the negligence of others
C: Contributing the money or money’s worth for others wrongs
D: Inciting others to commit civil wrong

The answer is: A

Explanation

The correct option is A: The failure by a person to use reasonable care for the safety of either of himself or his property.

This is because contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, then the defendant is not responsible for the injury. For example, if a pedestrian crosses the street without looking and gets hit by a car, the pedestrian may be found to have contributed to their own injury by failing to use reasonable care for their safety.

Option B is incorrect because volunteer to pay for the negligence of others is not contributory negligence, but a form of indemnity or compensation. Indemnity means a promise to pay for any loss or damage that another person has suffered or might suffer in the future. For example, if a person hires a contractor to do some work on their property, and the contractor causes damage to the neighbor's property, the person may agree to pay for the neighbor's loss as an indemnity.

Option C is incorrect because contributing the money or money’s worth for others wrongs is not contributory negligence, but a form of restitution or disgorgement. Restitution means restoring something that has been taken away or lost to its rightful owner. Disgorgement means giving up any profits or benefits that have been obtained by wrongful or illegal means. For example, if a person steals money from another person, and is caught and ordered to return the money, that is restitution. If a person engages in insider trading and makes profits from it, and is caught and ordered to surrender the profits, that is disgorgement.

Option D is incorrect because inciting others to commit civil wrongs is not contributory negligence, but a form of abetment or instigation. Abetment means encouraging, aiding, or assisting another person to commit an offence. Instigation means provoking, urging, or stimulating another person to commit an offence. For example, if a person tells another person to assault someone, and the other person does so, the first person has abetted or instigated the assault.