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There is a school by the side of the road. Three children of nursery class stray away from the school on to the road. A truck driver, who was driving the truck at a normal speed, notices the children. While trying to save the children, the truck hits a shop and an injury is caused to one person. Which of the following assertions correctly represent the law ?

  • A.The school management is liable as they are negligent in not keeping the children within the school premises.
  • B.The truck driver is liable as he did not take proper care.
  • C.The children are liable as they contributed to the accident.
  • D.None is liable as it is a pure accident.

Answer: A

The assertion that represents the law is that the school management is liable for negligence in not keeping the children within the school premises, as the key records.

The school owed a duty of care to the nursery children, who are very young, and failed to take care that they did not go out on to the road. This failure started the chain of events that led to the injury.

The driver was driving at a normal speed and acted to save the children, so he cannot be said to have taken no care, and the children are too young to be held negligent. The accident was not a pure accident, since the school's negligence was its cause.

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