Tort (CLAT Legal-Aptitude): Questions 49 - 51 of 82
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Question number: 49
Appeared in Year: 2012
PRINCIPLES: Any direct physical interference with goods in somebody’s possession without lawful justification is called trespass of goods.
FACTS: Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.
X can be held responsible for trespass of goods
X cannot be held responsible for trespass of goods as he was under a wrong belief.
X has not committed any wrong.
|d.||All of the above|
Question number: 50
The landmark case of Rylands vs Fletcher in the history of the law of torts is related to the establishment of which of the following rules in the law of torts?
Rule of exemplary liability
Rule of Absolute Liability
Rule of Strict Liability
|d.||Question does not provide sufficient data or is vague|
Question number: 51
Appeared in Year: 2014
PRINCIPLES: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant’s contract of employment.
FACTS: `D’ is a driver employed by `M’, who is the owner of a company. During the lunch time, `D’ goes to a close by tea shop to have a cup of tea. There he (`D’) picks up fight with the tea shop owner (‘T’), which resulted in some damage to his shop. `T’ wants to sue `M’ for claiming compensation for the damage caused by the fight.
Which of the following derivations is CORRECT?
M will be liable because D is his servant
M will not be liable because the wrongful act (picking up fight) was not committed in the course of D’s employment
M and D will be liable
`M’ will be liable albeit the wrongful act (picking up fight) was not committed in the course of D’s employment