Tort (CLAT Legal-Aptitude): Questions 81 - 82 of 82
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Question number: 81
PRINCIPLE: Consent is a good defense for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i. e. , readiness to bear harm.
FACTS: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
Lady is not entitled to claim compensation as she had knowledge of the risk.
Driver can take the plea that he was lightly intoxicated.
Lady can refuse to pay the fare as she had suffered injuries.
Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.
Question number: 82
PRINCIPLE: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.
FACTS: ‘P’ abuses ‘Q’ while he was sitting in a moving train, by aggressively shaking his fists when ‘Q’ was standing on the railway platform at a distance.
‘P’ has committed assault against ‘Q’.
‘P’ has caused fear of assault in the mind of ‘Q’.
P’ has not committed assault against ‘Q’.
‘P’ has caused apprehension of assault in the mind of ‘Q’.