Tort (CLAT Legal-Aptitude): Questions 39 - 40 of 82
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Question number: 39
PRINCIPLE: The tort of negligence entails a standard of reasonableness. Negligence occurs when a person who is, by reasonable prudence, expected to do something, omits to do the same. In cases where a characteristic of the claimant is such that risk of harm is increased, the defendant has a duty to take extra precautions to protect the same.
FACTS: Rahul was employed under Ajit in a factory in a garage. He had previously received an injury at work which had left his left eye damaged as a result of which he could see only from one eye. He was involved in welding. Ajit had not provided goggles to Rahul for his work. One day, a piece of metal flew while Rahul was doing his work and damaged his good eye. He was rendered blind.
Q. Is Ajit liable?
Yes, Ajit is liable just because employers are required to take good care of the employees.
Ajit may or may not be liable. It depends on the work environment.
No, Ajit is not liable because as an employer, he expected Rahul to take care of himself.
Ajit stands liable as he was expected to provide goggles to Rahul.
Question number: 40
Appeared in Year: 2008
1. When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion.
2. Nobody shall enrich himself at other’s expense.
A patient suffering from stomach ailment approached. a teaching hospital. He, was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however found some unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.
a) The hospital need not share its profits with the patient.
b) The hospital may share its profits on ex gratis basis.
c) The hospital shall share its profits with the patient.
i) The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of drug was the result of its own effort.
iii) The hospital could not have achieved its success without that appendix belonging to the patient.
iv) Everybody must care for and share with others.