Tort (CLAT Legal-Aptitude): Questions 77 - 78 of 82

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Question number: 77

» Tort

Appeared in Year: 2016

MCQ▾

Question

PRINCIPLE: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bring action in law, to the person who suffers from such acts.

FACTS: ‘Prakash’ has a rice mill. His neighbor, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash’s profits fall down. He brings a suit against Shanti for damages.

Choices

Choice (4) Response

a.

Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.

b.

Prakash can succeed in his claim as it is a case of actual damages.

c.

Prakash may succeed in his claim for damages, as it is a case of loss to his business.

d.

Prakash can succeed in his claim for damages, as it is a case of damage as a result of infringement of his legal right.

Question number: 78

» Tort

MCQ▾

Question

PRINCIPLEs: A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master.

In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.

FACTS: ‘M’ appointed ‘O’ exclusively for the purpose of driving his tourist vehicle. ‘M’ also appointed ‘N’ exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, ‘N’, while ‘O’ was not on the driver’s seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured ‘P’.

Choices

Choice (4) Response

a.

‘M’ is not liable as he was not present at the time of accident.

b.

‘M’ could be made liable for the act of ‘N’, as his (N’s) act of driving the vehicle was within his scope of employment.

c.

‘M’ could be made liable for the act of ‘N’, as ‘N’ was employed under a contract of service.

d.

‘M’ could not be made liable for the act of ‘N’, as his (N’s) act of driving the vehicle was not in the course of his employment.

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