Tort (CLAT Legal-Aptitude): Questions 30 - 33 of 82

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Question number: 30

» Tort

Appeared in Year: 2009

MCQ▾

Question

When the master is held liable for the wrongful act of his servant, the liability is called

Choices

Choice (4) Response
a.

Tortious liability

b.

Vicarious liability

c.

Absolute liability

d.

Strict liability

Question number: 31

» Tort

Appeared in Year: 2013

MCQ▾

Question

PRINCIPLES: res ipsa loquitur i. e. the thing speaks for itself. FACTS: Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst in one of her ovaries. Due the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.

Choices

Choice (4) Response
a.

Surgeon cannot be held responsible because it is merely a human error.

b.

Surgeon will be responsible and Seema need not to prove surgeon’s negligence because presence of abdominal pack in her abdomen is sufficient proof therefor.

c.

Surgeon can be held responsible but Seema will have to prove in the court of law that the surgeon was grossly negligent.

d. None of the above

Question number: 32

» Tort

MCQ▾

Question

Which of the following is not a tort?

Choices

Choice (4) Response
a.

Defamation

b.

Publication

c.

Conversion

d.

Assault

Question number: 33

» Tort

Appeared in Year: 2013

MCQ▾

Question

PRINCIPLES: Whosoever by his act or omission causes environmental pollution shall be held liable for any loss caused by such pollution. It shall be no defense in such cases that all due diligence or reasonable care was taken while carrying out the act or omission in question. FACTS: Hari is carrying on a chemical and fertilizer industry near a bank of a river. In order to prevent and control any kind of harm to the environment, suitable waste treatment and disposal plants were installed in the factory. Due to some sudden mechanical/technical problem, these plants ceased to work properly and, therefore, caused environmental pollution, which ultimately caused substantial harm to the environment and to the people living around the factory. Victims of such pollution file a suit for suitable remedy.

Choices

Choice (4) Response
a.

Victims can succeed as it is the duty of Hari to see that no harm is caused to the environment/people due to his activity under any circumstances.

b.

Victims could succeed if treatment/disposal plant were not installed in the factory

c.

Victims cannot succeed as the mechanical/technical problem was sudden and, therefore, beyond the control of Hari.

d.

Victims cannot succeed as necessary precautions to prevent any harm were taken by Hari.

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