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Passage - 1
The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.
INEVITABLE ACCIDENT
Inevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.
In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in today's day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendant's negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.
To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and can't be prevented by human skill or foresight.
Q. X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.
  • a)
    X can plead the defence of accident as the accident was caused by a latent manufacturing defect.
  • b)
    X cannot plead the defence of accident as he was involved in an unlawful act.
  • c)
    X can plead the defence of accident as he took necessary precaution and care while operating the boilers.
  • d)
    X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.
Correct answer is option 'B'. Can you explain this answer?
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Passage - 1The law of torts has been evolving throughout its existence...
The question asks you to apply the idea of the passage to a given situation with the given principle of law. You have to assimilate the inference and look at the facts of the case and evaluate the answer choices.
Correct Answer is (b)
A permit license from Central Bureau of Narcotics was required to carry on the production or manufacture of narcotic and psychotropic substances. X had applied for the same but had not been granted the license yet. Hence his act can be termed as unlawful. Therefore X cannot plead the defence of accident.
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Passage - 1The law of torts has been evolving throughout its existence...
Understanding the Legal Context
In this scenario, X is carrying out a business that involves the production of narcotic and psychotropic substances, which is inherently illegal without the necessary permit. The law of torts provides that individuals engaged in unlawful activities cannot invoke defenses that would otherwise absolve them from liability.
Key Points of Consideration
- Unlawful Act: X's business is illegal without the proper license. Engaging in illegal activities negates the possibility of claiming defenses like "accident."
- Public Policy: Courts typically do not offer protection to individuals who are involved in unlawful acts. This is grounded in the principle that the law should not assist a person in benefiting from their wrongdoing.
- Nature of Liability: The principle of tort law establishes that a person can be held liable for damages caused during the commission of an illegal act, regardless of precautions taken. Since X was operating under an unlawful premise, he cannot evade responsibility.
Conclusion
Given that X was involved in an illegal activity, he cannot successfully plead the defense of "accident." The injuries caused by the boiler explosion, despite the latent manufacturing defect, do not absolve him from liability due to the unlawful nature of his business. Therefore, the correct answer is option 'B': X cannot plead the defense of accident as he was involved in an unlawful act.
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Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer?
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Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage - 1The law of torts has been evolving throughout its existence. There are certain principles which are used to counter claims for compensation. These counterclaims or defences are used to evict those citizens from tortious liability who have been unfairly been implicated with wrong claims imposed on them. These defences have been formulated from time to time to keep up with the basis of imposition of tortious liability on a person.INEVITABLE ACCIDENTInevitable Accidents are, as evident from the name, events which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. An inevitable accident is one which could not be possibly prevented by the exercise of ordinary care, caution and skill and hence it does not apply to anything which either of the parties might have avoided. Sir Frederick Pollock defined an inevitable accident as an accident which is not avoidable by any precautions, a reasonable man could have expected to take.In the past cases, the defence of inevitable accident used to be very relevant in actions for trespass when the older rule was that even an innocent trespass was actionable unless the defendant could prove that the accident was caused due to it being inevitable in nature. The term "inevitable accident" is used in instances where the accidents occur by chance and in the absence of human error. Both of these are similar in terms of negligence, if it is proved by the plaintiff that there was negligence on the part of the defendant then the defendant will not be able to escape liability by using these defenses. The plea of an inevitable accident has lost its practicality in todays day and age, as it has lost its utility since the principle of absolute liability, applies even in the absence of defendants negligence and with the growth in the dimension of science the number of accidents which were considered to be inevitable is fastly diminishing.To sum it all up, an inevitable accident is an event which happens not only without the concurrence of the will of a man but in spite of all the efforts that a man may put on his part to prevent it from happening i.e. an accident which is physically unavoidable and cant be prevented by human skill or foresight.Q.X was carrying on the business of production of narcotic and psychotropic substances for which one needed to obtain a permit license from Central Bureau of Narcotics. X had applied for the license to run such a business which was awaited. The process involved use of large boilers to heat water. The boilers were imported from abroad and were best available anywhere in the world. X ensured that the boilers were used according to the instructions of the manufacturers. Due to some latent fault in manufacturing, one of the boilers burst, causing injuries to several workers. On being charged, X pleaded the defence of "accident". Decide.a)X can plead the defence of accident as the accident was caused by a latent manufacturing defect.b)X cannot plead the defence of accident as he was involved in an unlawful act.c)X can plead the defence of accident as he took necessary precaution and care while operating the boilers.d)X cannot plead the defence of accident as he must have had knowledge that the operation was inherently dangerous.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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