AILET Legal-Aptitude: Questions 85 - 86 of 151

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Question number: 85

» Criminal Law

Appeared in Year: 2012

MCQ▾

Question

PRINCIPLE: A right to action cannot arise out of an illegal activity.

FACTS: A and B were thieves engaged in stealing cars and other vehicles. Once they stole a car; and while driving off, they had to cross a city. They engaged a driver to drive them through the city, since they did not know the route inside. The indicator lamp of the car was not working and the thieves had not realized this, and therefore, had not told about it to the driver. While driving, through the city, the car was hit by another vehicle because of the faulty indicator. In the accident, the driver was injured and he filed a suit against A and B.

Choices

Choice (4) Response

a.

The driver would win, because he was not a party to the stealing of car.

b.

The driver would win because he did not know anything about the stealing.

c.

The driver would lose, because he was driving a stolen car.

d.

All of the above

Question number: 86

» Tort

Appeared in Year: 2015

MCQ▾

Question

LEGAL PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbor, the neighbor for this purpose is any person whom he should have in his mind as likely to be affected by his act.

FACTUAL SITUATION: Krish, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lekha, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lekha filed a suit against Krishnan claiming damages.

Choices

Choice (4) Response

a.

Krish will be liable to Lekha because he failed to drive carefully.

b.

Krish will not be liable, because he could not have foreseen Lekha suffering from nervous shock as a result of his act.

c.

Krish will be liable, because he owed a duty of reasonable care to everybody on the road including Lekha.

d.

None of the above

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