CLAT (Common Law Admission Test) Legal-Aptitude: Questions 449 - 450 of 1213
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Question 449
Appeared in Year: 2010
Question MCQ▾
Cr. PC stands for:
Choices
Choice (4) | Response | |
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a. | Criminal Proceedings Code | |
b. | Criminal Proceedings Court | |
c. | Crime Prevention Code | |
d. | Criminal Procedure Code |
Question 450
Question MCQ▾
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.
Choices
Choice (4) | Response | |
---|---|---|
a. | Since Mary՚s suffering brain damage is not at all related to the negligence of hospital authorities, the claim will not succeed. | |
b. | The weakened state of Mary was something that materially increased the risk of brain damage after heart attack. The claim shall succeed. | |
c. | A claim cannot be brought by the representatives of Mary. | |
d. | 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. |