Test: Law Of Tort - 8 - CLAT MCQ

PRINCIPLE: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant’s own lawful rights, no action should lie

FACTS: There was an established school (ES) in a particular locality. Subsequently, a new school (NS) was set up in the same locality which charged lower fees, on account of which people started patronizing the new school. Because of the competition, ES had to reduce its fees. ES filed a case against NS saying that NS had caused it financial loss and, thus, claimed compensation.

Which of the following derivations is CORRECT?

PRINCIPLE: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation).

FACTS: ‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. In spite of such wrongful refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But, ‘A’ brought an action for damages.

Which of the following derivations is CORRECT?

PRINCIPLE: In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.

FACTS: D, who was the editor of a local weekly, published a series of articles mentioning that P, who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a “mischief monger”. P brought a civil action against D, who could not prove the facts published by him. Under the circumstances, which of the following derivations is CORRECT?

PRINCIPLE: A gift comprising existing property is valid and a gift comprising future property is void

FACTS: X has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to Y. Under the afore-mentioned circumstances, which of the following derivations is CORRECT?

PRINCIPLE: Caveat emptor, “let the buyer beware”, stands for the practical skill and judgment of the buyer in his choice of goods for purchase. It is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought and if the buy is not up to his expectations then he alone is to blame and no one else.

FACTS: For the purpose of making uniform for the employees, “A” bought dark blue colored cloth from B but did not disclose to the seller the specific purpose of the said purchase. When uniforms were prepared and used by the employees the cloth was found unfit. However, the cloth was fit for a variety of other purposes (such as, making caps. boots and carriage lining. etc). Applying the afore-stated principle which of the following derivations is CORRECT as regards remedy available to A in the given situation?

PRINCIPLE: The transferor of goods cannot pass a better title than what he himself possesses.

FACTS: X sells a stolen bike to Y. Y buys it in good faith.
As regards the title to bike which of the following derivations is CORRECT?

PRINCIPLE: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent, if the respondent’s negligence causes the plaintiff injury or loss of property.

FACTS: D went to a café and ordered and paid for a tin/can of soft drink. The tin was opaque, and, therefore, the contents could not be seen from outside. She consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in decomposed state dropped out of the tin into the tumbler. D later complained of a stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She sued the manufacturer of the drink for negligence.
Applying the afore-stated principle which of the following derivations is CORRECT as regards liability of the manufacturer in the given situation?

PRINCIPLE: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection whatsoever with the servants contract of employment.

FACTS: D is a driver employed by M, who is the owner of a company. During the lunch time, D goes to a close by tea shop to have a cup of tea. There he picks up fight with the tea shop owner (T), which resulted in some damage to his shop. T wants to sue M for claiming compensation for the damage caused by the fight. Which of the following derivations is CORRECT?

PRINCIPLE: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).

FACTS: A throws some stones upon his neighbor’s (B’s) premises.Which of the following derivations is CORRECT?

PRINCIPLE: 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?

PRINCIPLE: Interference with another’s goods in such a way as to deny the latter’s title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner’s right, though the doer may not know of, or intends to challenge the property or possession of the true owner.

FACTS: R went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to S. In fact, R was in a hurry, and therefore, he could not put back S’s bicycle. Somebody came on the way and took away S’s bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. S filed a suit against R for conversion.Which of the following derivations is CORRECT?

PRINCIPLE: Whosoever by his act or omission causes environmental pollution shall be held liable for any loss caused by such pollution. It shall be no defence in such cases that all due diligence or reasonable care was taken while carrying out the act or omission in question.

FACTS: Hari is carrying on a chemical and fertilizer industry near a bank of a river. In order to prevent and control any kind of harm to the environment, suitable waste treatment and disposal plants were installed in the factory. Due to some sudden mechanical/ technical problem, these plants ceased to work properly and therefore, caused environmental pollution, which ultimately caused substantial harm to the environment and to the people living around the factory. Victims of such pollution file a suit for suitable remedy.

PRINCIPLE: Qui facit per alium facit per se, i.e., he who does things through others does it himself.

FACTS: Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now, Srikant files a suit for damages against Nisha.

PRINCIPLE: Res ipsa loquitur, i.e., the thing speaks for itself.

FACTS: Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst in one of her ovaries. Due the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.

PRINCIPLE: When an act, which would otherwise be an offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.

FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life cause grievous hurt to A.

PRINCIPLE: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.

FACTS: In a community there is a custom of stealing shoes of bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by Y, A announced that Z has stolen the shoes. Everyone present in the marriage party started staring at Z with great surprise. Z felt very ashamed.

PRINCIPLE: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees.

FACTS: A and B were working in factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.

PRINCIPLES: (1) Consumable goods which are not fit for consumption are not marketable.
(2) A consumer shall not suffer on account of unmarketable goods.
(3) A seller is liable for knowingly selling unmarketable goods.
(4) A manufacturer shall be liable for the quality of his products.

FACTS: Ram bought a Coca Cola bottle from Shama’s shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking, he felt irritation in his throat. Immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler, Kishan and Co.

SUGGESTED DECISIONS:

a. Ram cannot get compensation
b. Tom can get compensation
c.  Both Ram and Tom can get compensation

SUGGESTED REASONS:

i. Shama did not know the contents of sealed bottle.
ii. Ram did not actually suffer though he bought the bottle.
iii. Tom did not buy the bottle.
iv. Coca Cola company is responsible since it supplied the concentrate.
v. Kishen & Co, is responsible since it added water, sugar, etc., and sealed the bottle.
vi. Shama is responsible for selling the defective product.

Your decision with the reason:

PRINCIPLES: 1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B.
3. If A is authorised to do something for B, but in the name of A without disclosing B’s presence, both A and B may be held liable.

FACTS: Somu contracted with Amar whereunder Amar would buy a pumpset to be used in Somu’s farm. Such a pumpset was in short supply in the market. Gulab, a dealer, had such a pumpset and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pumpset. Gulab filed a complaint against Amar.

PROPOSED DECISION:

a. Amar alone is liable for the wrong though he acted for Somu.
b. Amar is not liable for the wrong, though he is bound by the contract with Somu.
c. Somu is bound by the contract and liable for the wrong.
d. Both Somu and Amar are liable for the wrong.

SUGGESTED REASONS:

i. Amar committed the wrong while acting for the benefit of Somu.
ii. Amar cannot do while acting for Somu something which he cannot do while acting for himself.
iii. Both Amar and Somu are liable since they are bound by the contract.
iv. Somu has to be responsible for the act of Amar committed for Somu’s benefit.

Your decision with the reason:

PRINCIPLES: 1. An employer shall be liable for the wrongs committed by his employees in the course of employment.
2. Third parties must exercise reasonable care to find out whether a person is actually acting in the course of employment.

FACTS: Nandan was appointed by Syndicate Bank to collect small savings from its customers spread over in different places on daily basis. Nagamma, a housemaid, was one of such ‘customers making use of Nandan’s service.
Syndicate Bank after a couple of years terminated Nandan’s service. Nagamma, unaware of this fact, was handing over her savings to Nandan who misappropriated them. Nagamma realised this nearly after three months, when she went to the Bank to withdraw money. She filed a complaint against the Bank.

POSSIBLE DECISION:

a. Syndicate Bank shall be liable to compensate Nagamma.
b. Syndicate Bank shall not be liable to compensate Nagamma.
c. Nagamma has to blame herself for her negligence.

POSSIBLE REASONS:

i.Nandan was not acting in the course of employment after the termination of his service.
ii. A person cannot blame others for his own negligence.
iii. Nagamma was entitled to be informed by the Bank about Nandan.
iv.The Bank is entitled to expect its customers to know actual position.

Your decision with the reason:

PRINCIPLES: 1. A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.

FACTS: Rama Bhai was an uneducated widow and she opened an S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. Keshav used to deposit the money of Rama Bhai from time to time and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realised this only when Keshav disappeared from the scene one day, and she sought compensation from the Bank.

POSSIBLE DECISIONS:

a. Syndicate Bank shall be liable to compensate Rama Bhai.
b. Syndicate Bank shall not be liable to compensate Rama Bhai.
c. Rama Bhai cannot blame others for her negligence.

POSSIBLE REASONS:

(i) Keshav was not an employee of the Bank when the fraud was committed.
(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshav
(iii) It is the Bank’s duty to take care of vulnerable customers.
(iv) Rama Bhai should have checked about Keshav in her own interest.

Your decision with the reason:

PRINCIPLES: 1. A person is liable for negligence, if he fails to take care of his neighbor’s interest.
2. A neighbour is anyone whose interests should have been foreseeable by a reasonable man while carrying on his activities.

FACTS: A cricket match was going on in a closed door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out of the stadium and hit this person and injured him. He filed a suit against the organizers.

POSSIBLE DECISIONS:

a. The organizers are liable to compensate the injured person.
b. The organizers are not liable to compensate the injured person.
c. The injured person should have avoided the place where he might be hit by the cricket ball.

POSSIBLE REASONS:

i. The organizers are responsible for the people inside the stadium.
ii. The organizers could not have foreseen somebody watching the game by climbing up a tree.
iii. A person crazy about something must pay the price for that.
iv. The organizers shall be liable to everybody likely to watch the game.
Your decision with the reason:

PRINCIPLES: 1. When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion.

2. Nobody shall enrich himself at other’s expense.

FACTS: A patient suffering from stomach ailment approached a teaching hospital. He was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however found some unique cells in the appendix, and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.

POSSIBLE DECISIONS:

a. The hospital need not share its profits with the patient.
b. The hospital may share its profits on ex gratis basis.
c. The hospital shall share its profits with the patient.

POSSIBLE REASONS:

i. The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
ii. The hospital instead of throwing away the appendix conducted further research on it on its own and the development of drug was the result of its own effort.
iii. The hospital could not have achieved its success without that appendix belonging to the patient.
iv. Everybody must care for and share with others.

Your decision with the reason:

B throws water on C with the intention of getting him wet. The action is

The term ‘Scienter’ is related to which one of the following sign boards

Assertion: H writes to his wife a letter, which contains defamatory matter about B. H is not liable to B for defamation

Reason: Communication of defamatory matter by a husband to his wife or vice versa is not a publication, for what passes between them is protected.

Assertion: Government cannot be held liable for the rots committed by its servant

Reason: A master is liable for the torts committed by his servant in the course of his employment