Tort (CLAT Legal-Aptitude): Questions 13 - 15 of 82

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Question number: 13

» Tort

MCQ▾

Question

Which of the following is incorrect?

Choices

Choice (4) Response
a.

The tort of defamation involves lowering of the reputation of a person in the eyes of right thinking members of society.

b.

The tort of defamation involves publication of a defamatory statement.

c.

The tort of defamation involves publication of defamatory matter with lawful justification.

d. All of the above

Question number: 14

» Tort

MCQ▾

Question

Which of the following does the case of Bhopal Gas Tragedy related to precisely?

Choices

Choice (4) Response
a.

Rule of exemplary liability

b.

Rule of Absolute Liability

c.

Rule of Strict Liability

d. None of the above

Question number: 15

» Tort

MCQ▾

Question

PRINCIPLE: In tort law, an injury may result into due to many causes. However, for proving causation, the claimant must show that negligence of defendant was a material cause of the injury. It is not enough to show that it just increased the risk of damage.

FACTS: Rahul was a pre mature child born with a number of health problems. The doctor treating him negligently gave him too much oxygen which could be considered a major cause of permanent blindness. Rahul was later found suffering from permanent blindness. As per medical evidence, the permanent blindness could have resulted into for Rahul as a result of three of the health conditions he was suffering from due to premature birth. A suit was brought on behalf of Rahul against the doctor. Decide.

Choices

Choice (4) Response
a.

The claim will succeed. The negligence of the doctor resulted into permanent blindness for Rahul.

b.

The claim will not succeed. The negligence of doctor can’t be considered the material cause of permanent blindness.

c.

The claim will succeed. Even if there were many possible causes, Rahul suffered from permanent blindness mainly due to negligence of doctor.

d. None of the above

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