All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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48.

A was working on the first floor balcony with some heavy tools. While working, a tool slipped out of A's hands and fell down on B who was walking on the street below. The weight and sharp parts of the tool caused injuries on B's shoulder, back, and legs. B files a suit against A to recover damages for the loss suffered. With regard to the pleadings to be filed by both parties, which of the following statements is the least accurate ?


Principle :

Pleadings must include material facts, that is, facts that have to be proved in order to establish the cause of action or the defence. Pleadings need not include evidence.

A: The plaint must include a description of the loss suffered by B and the amount of damages being claimed.
B: The plaint must include a description of the weight and sharpness of the tool and the manner in which B's injuries were caused.
C: The plaint must include the fact that the tool slipped out of A's hands and fell on B who was walking on the street below.
D: The plaint need not include a doctor's report on how each part of the tool led to each of the injuries suffered by B.
E: The plaint need not include a description of B's reason for walking on that street.

The answer is: B

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Explanation

The correct answer is B.The plaint must include a description of the weight and sharpness of the tool and the manner in which B's injuries were caused.

This statement is the least accurate because it describes the evidence that B would need to prove in order to establish the cause of action. Pleadings need not include evidence, only material facts. The weight and sharpness of the tool and the manner of injury are not material facts, but rather details that would be revealed during the trial. The other statements are accurate because they describe material facts that have to be proved by either B or A. For example, the fact that the tool slipped out of A's hands and fell on B who was walking on the street below is a material fact that establishes the negligence of A and the injury of B. The description of the loss suffered by B and the amount of damages being claimed is a material fact that establishes the claim of B. The fact that B does not need to include a doctor's report or a reason for walking on that street is also accurate because these are not material facts, but rather evidence or irrelevant information.