CLAT Legal-Aptitude: Questions 408 - 410 of 1064

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Question number: 408

» Legal Terms

MCQ▾

Question

Which of the following is the correct meaning of the legal term vis major?

Choices

Choice (4) Response

a.

Cri de coeur

b.

Act of God

c.

Volenti non fit injuria

d.

Ubi jus ibi remedium

Question number: 409

» Tort

Appeared in Year: 2015

MCQ▾

Question

PRINCIPLE: “Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation. ”FACT: Jeevan and Pavan were neighbors in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.

Choices

Choice (4) Response

a.

Pavan is liable, because as a neighbor, he should have realized Jeevan’s delicate nature

b.

Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan

c.

Pavan is liable, because he should not have started typing class in his house

d.

None of the above

Question number: 410

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent, if the respondent’s negligence causes the plaintiff injury or loss of property.

FACTS: `D’ went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque, and, therefore, the contents could not be seen from outside. She (‘D’) consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in decomposed state dropped out of the tin into the tumbler. `D’ later complained of a stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She sued the manufacturer of the drink for negligence.

Applying the afore-stated principle, which of the following derivations is CORRECT as regards liability of the manufacturer in the given situation?

Choices

Choice (4) Response

a.

The manufacturer could be made liable under criminal law, but not for tort of negligence

b.

The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business

c.

The manufacturer is not liable for negligence, as there is no direct contract between D and the manufacturer. No duty is owed by the manufacturer towards a particular consumer D

d.

The manufacturer is liable for negligence, as it owed a duty (to consumers) to take reasonable care to ensure that its products are safe for consumption

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