Tort (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 11 - 12 of 82

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Question number: 11

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Nuisance is an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it. If the interference is `direct’, the wrong is trespass; whereas, if the interference is `consequential, it amounts to nuisance.

FACTS: `A’ plants a tree on his land. However, he allows its branches to project over the land of ‘B’.

Which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

`A’ has not committed nuisance

b.

`A’ has committed trespass

c.

`A’ has committed nuisance

d.

All of the above

Question number: 12

» Tort

Appeared in Year: 2015

MCQ▾

Question

PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose, is any person whom he should have in his mind as likely to be affected by his act. FACT: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.

Choices

Choice (4) Response

a.

Krishna will be liable to Lakshmi because he failed to drive carefully

b.

Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.

c.

Krishna will be liable, because he owed a duty of reasonable care to everybody on the road including Lakshmi

d.

All of the above

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