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Torts Reasoning - 1

Description: Torts Reasoning - 1
Number of Questions: 15
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Tags: Torts Reasoning - 1 Law of Tort
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Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Hanuman Stores sent certain items in a horse carriage to a customer's house, which happened to be by the side of a main road and near a School Zone. The driver of the carriage delivered the items to the customers and went inside the house to collect the receipt, leaving the carriage unattended on the road. Some naughty children of nearby school threw stones at the horses. The horses ran in confusion and they were about to run over an old woman. A traffic police, at great risk to his life, somehow seized the horses and stopped the carriage. He suffered serious personal injuries in the process. The policeman seeks compensation from Hanuman Stores.

Principles:

  1. Whoever is under a duty of care to another shall be liable for any injury to the latter directly resulting from the breach of that duty.
  2. Harm suffered voluntarily does not constitute legal injury.
  1. Hanuman Stores is not liable, because they do not owe a duty of care to the old Woman or policeman.

  2. Hanuman Stores is liable, because they owe a duty of care to all the users of the road.

  3. Both old woman and policeman could have taken reasonable care to protect themselves.


Correct Option: B

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Hanuman Stores sent certain items in a horse carriage to a customer's house, which happened to be by the side of a main road and near a School Zone. The driver of the carriage delivered the items to the customers and went inside the house to collect the receipt, leaving the carriage unattended on the road. Some naughty children of nearby school threw stones at the horses. The horses ran in confusion and they were about to run over an old woman. A traffic police, at great risk to his life, somehow seized the horses and stopped the carriage. He suffered serious personal injuries in the process. The policeman seeks compensation from Hanuman Stores.

Principles:

  1. Whoever is under a duty of care to another shall be liable for any injury to the latter directly resulting from the breach of that duty.
  2. Harm suffered voluntarily does not constitute legal injury.
  1. The policeman cannot succeed, because he suffered injury voluntarily.

  2. The policeman can succeed, because fie owed a duty of care to old woman.

  3. The old woman was under a duty to take care of herself.


Correct Option: B

Directions: Go through the problem and encircle the most appropriate answer.

A goes to grocery shop of B which he frequents quite often for his requirements. A: I want ten bags of old rice. B: Here is the rice you are looking for. A buys ten bags of rice from B and subsequently discovers that the rice supplied is not really old. A files a suit against B.

  1. A will not succeed, because B did not promise him to supply old rice.

  2. A will succeed, because B had agreed to supply the rice of A's specifications.

  3. A will not succeed, because A should have verified the quality of rice himself.


Correct Option: B

Directions: Go through the problem and encircle the most appropriate answer.

“Volenti non fit injuria”, a well-established legal principle, means that a person has no legal remedy for the injury caused by an act to which lie has consented. An old lady was walking in a narrow one-way lane in the opposite direction. It was right time and there was not street-lighting. A car moving in right direction but without headlights knocked her down since the driver could not see her. She filed a suit against the driver.

  1. She would lose, because she violated the traffic rules in the first instance.

  2. She would lose, because she voluntarily exposed herself to the risks.

  3. The driver would lose, because lie drove without proper headlights.


Correct Option: C

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Hanuman Stores sent certain items in a horse carriage to a customer's house, which happened to be by the side of a main road and near a School Zone. The driver of the carriage delivered the items to the customers and went inside the house to collect the receipt, leaving the carriage unattended on the road. Some naughty children of nearby school threw stones at the horses. The horses ran in confusion and they were about to run over an old woman. A traffic police, at great risk to his life, somehow seized the horses and stopped the carriage. He suffered serious personal injuries in the process. The policeman seeks compensation from Hanuman Stores.

Principles:

  1. Whoever is under a duty of care to another shall be liable for any injury to the latter directly resulting from the breach of that duty.
  2. Harm suffered voluntarily does not constitute legal injury.
  1. Hanuman Stores is not liable because some naughty children scared away their horses,

  2. The School Management ought to have taken care to discipline the children.

  3. The Hanuman Stores is liable because the driver ought to have anticipated the naughty conduct on the part of the children.


Correct Option: C

Directions: Go through the problem and encircle the most appropriate answer.

A master shall be liable for the acts of his servants done in the course of employment.

HMT, a public sector undertaking, is operating a number of bus services for its employees in Bangalore. These buses are quite distinct in their appearance and carry the board “for HMT employees only”. M, a villager from neighbouring state, was waiting for a regular bus in one of the bus stops in Bangalore. A bus belonging to HMT happened to stop nearby and a number of people got into the bus. M, without realizing that it was HMT bus, got into the bus and soon thereafter, the bus met with an accident due to the driver's negligence. M, long with several others, was injured in the accident. M seeks to file a suit against HMT claiming damages.

  1. M will succeed, because he got into the bus without realizing that it was HMT bus.

  2. M will not succeed, because it was for him to find out whether it was a public transport;

  3. M, will succeed, because the driver was anyhow duty-bound to drive carefully.


Correct Option: C

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Shaila Devi opened as S.B. Account with Oriental Bank, and a cousin of her by name Mohan, who was a clerk in that Bank, helped her to complete the formalities. Subsequently she used to entrust whatever money she was getting to Mohan along with her pass book and Mohan used to return the pass book with the relevant entries. One day Shaila Devi discovered that Mohan, instead of crediting the money to her account, had been misappropriating it and the entries in the pass book were made by him without authorization. Shaila Devi seeks compensation from Oriental Bank. Principles: A master shall be liable for the fraudulent acts committed by his servant in the course of employment.

  1. Oriental Bank shall be liable because Mohan was acting in the course of employment.

  2. Oriental Bank shall not be liable, because Mohan was not acting in the course of employment.

  3. Oriental Bank was not liable, because Shaili Devi was negligent.


Correct Option: B

Directions: Go through the problem and encircle the most appropriate answer.

An employer shall be liable to the injuries caused to his employee by the negligence of a fellow employee in the course of employment. Kannappa and Veerappa were two employees working in the textile factory of Gokuldas. One day, Kannappa came to the factory in an inebriated stage and his hands were not steady while operating the machine. As a result, Veerappa who just happened to go near the machine for some work got injured. He filed a suit against Gokuldas for compensation.

  1. Gokuldas will be liable, because Veerappa was injured by Kannappa's act in the course of employment;

  2. Gokuldas will not be liable, because he was not responsible for Kannappa's inerbriated condition;

  3. Gokuldas will not be liable, because Veerappa himself should have been careful while going near Kannappa.


Correct Option: A

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Mahesh was a driver working in a company Lipton and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Roopa waiting for a bus to go home. He offered to drop her at home which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence of Mahesh. Roopa was thrown out of the car and suffered multiple injuries. She seeks compensation from Lipton and Co.

Principles: A master is liable for the acts committed by his servant in the course of employment.

  1. Lipton & Co., shall be liable, because Mahesh was in the course of their employment at the time of accident.

  2. Lipton & Co., shall not be liable. Mahesh was not in the course of employment when he took Roopa inside the car.

  3. Roopa got into the car at her own risk, and therefore, she cannot sue anybody.


Correct Option: B
Explanation:

(please remember that the distinction between doing an unauthorized act and an authorized act wrongly is very fine)

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Tiwari is a servant of Ajit. On his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr. Singh of being a dishonest person. Mr. Singh wants to sue Ajit, as Tiwari is Ajit's servant. Principles:

  1. Master is liable for the wrongful acts committed by servants, in the course of their employment if third parties suffer damages in consequences.
  2. However the master is not liable if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment.
  3. If a person by an act lowers the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages.
  1. Ajit is a liable because Tiwari defamed Singh.

  2. Ajit is not liable as the defamation was not in the course of Twiari's employment.

  3. Ajit is liable even though the defamation was not in the course of employment.

  4. None of the above answers is correct


Correct Option: B

Directions: Go through the problem and encircle the most appropriate answer.

Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbour. The neighbour for this purpose is any person whom he should have in his mind as likely to be affected by his act. Ram, while rushing to board a moving train, pushed Shyam who was walking along with a heavy package, containing fire crackers. As a result, the package slipped from his hand and the crackers exploded injuring a boy standing closely. A suit was filed against Ram, by the boy, claiming damages.

  1. Ram is not liable, because he did not know anything about the contents of the package.

  2. Ram is not liable, because Shyam should not have carried such a package in a crowded place like Railway station.

  3. Ram is liable, because Ram is under an obligation not to push Shyam.


Correct Option: A

Directions: Go through the problem and encircle the most appropriate answer.

The legal principle is the same as above. Krishnan, while driving his car at a 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 field a suit against Krishnan claiming damages.

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

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

  3. Krishnan will be liable, to Lakshmi because he failed to drive carefully.


Correct Option: B

Directions: Go through the problem and encircle the most appropriate answer.

An occupier is liable to a trespasser in respect of some willful act intended to cause harm or done with reckless disregard. Sakalchand, the owner of a warehouse, got the fence electrified on account of his legitimate fear of dacoity. There was a clear warning about the electrified fencing. There was a playground nearby wherein the children had been playing over a period of time. One day, the cricket ball of the children went into the fence and a child running after the ball touched the fence inadvertently. The child suffered from the shock. The parents of the child field a suit against Sakalchand.

  1. Sakalchand will not be liable, because the child was a trespasser.

  2. Sakalchand will not be liable, because his fencing was legitimate.

  3. Sakalchand will be liable, because he must have taken note of the adjacent playground.


Correct Option: C

Directions: Go through the problem and encircle the most appropriate answer.

A master will be liable for the wrongful acts of his servants in the course of employment. Ramadevi was an old widow who opened an account with the Syndicate Bank, whereunder she would deposit Rs. 5 everyday in the Bank. Sundar was the neighbour who used to collect the amounts and deposit them in the Bank. Sundar would get a small commission from the Bank for the money deposited. It was discovered one day that Sundar fro more than three months did not deposit the money and vanished with that money. Ramadevi filed a suit against Syndicate Bank.

  1. Syndicate Bank would not be liable, because Sundar was not its employee.

  2. Syndicate Bank would not be liable for the failure of Ramadevi to check the status of her accounts.

  3. Syndicate Bank would be liable, because Sundar was paid commission by the Bank for doing its work.


Correct Option: C
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