CLAT Legal-Aptitude: Questions 450 - 451 of 1066
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Question number: 450
Appeared in Year: 2010
Cr. PC stands for:
Criminal Proceedings Code
Criminal Proceedings Court
Crime Prevention Code
Criminal Procedure Code
Question number: 451
PRINICIPLE: An injury may occur due to multiple causes. In tort law, one test for proving liability is showing that the act of defendant materially increased the risk of an injury.
FACTS: Mary had been admitted in a hospital run by Jaivik & Co. As a result of a heart attack after she inhaled her vomit, she suffered brain damage. Jaivik & Co, Jaivik & Co admitted their negligence at an earlier stage of care. It was discovered that the negligence of the hospital authorities had rendered Mary in a weakened state. Mary’s representatives brought a suit against Jaivik & Co. The hospital authorities contended that their negligence was nowhere related to brain damage occurring to Mary. Choose the correct option.
The weakened state of Mary was something that materially increased the risk of brain damage after heart attack. The claim shall succeed.
Since Mary’s suffering brain damage is not at all related to the negligence of hospital authorities, the claim will not succeed.
A claim cannot be brought by the representatives of Mary.
Mary, in any case, would have suffered a brain damage as heart attack after inhalation of vomit could render anyone in the said state. The claim will not succeed.