Tort (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 54 - 55 of 82

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Question number: 54

» Tort

MCQ▾

Question

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.

The weakened state of Mary was something that materially increased the risk of brain damage after heart attack. The claim shall succeed.

b.

Since Mary’s suffering brain damage is not at all related to the negligence of hospital authorities, the claim will not 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.

Question number: 55

» Tort

Appeared in Year: 2008

MCQ▾

Question

All motor vehicles are required to have third party insurance. Any vehicle not using mechanical device is not a motor vehicle.

Which of the following is correct derivation from the above?

Choices

Choice (4) Response

a.

All vehicles must have Third Party Insurance

b.

Vehicles not using mechanical device need not have Third Party Insurance

c.

All Third Party Insurances relate to motor vehicles

d.

None of the above

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