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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. Sharman's horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?
(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.
(ii) Sushant is not liable as he could not have foreseen that a dog's bark would cause the horses to become unmanageable.
(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.
(iv) Sushant is liable as he did not have enough skill to handle the horses.
  • a)
    (i) and (iv)
  • b)
    (i)
  • c)
    (ii)
  • d)
    (ii) and (iii)
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
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 (d)
It was an inevitable accident. Sushant could have envisaged that the horses would get scared by a barking dog. Further, even when Sushant had lost control of the horses, he used his skills as any ordinary person to prevent an accident.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above.
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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 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.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. Sharman's horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway.Can Sushant be held liable?i. Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.ii. Sushant is not liable as he could not have foreseen that a dog's bark would cause the horses to become unmanageable.iii. Sushant is not liable as he used his skill under the circumstances to control the scared horses.iv. Sushant is liable as he did not have enough skill to handle the horses.

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.The master is liable for all the acts done by his servant during the course of employment. Nina had a 4 horse driven carriage which she used to rent for marriage purposes. The horses were very tame and listened to its caretaker. One day she asked her servant Rinku to take the carriage to the customers desired destination and Rinku did likewise. At the time of the baraat ceremony, the groom was sitting on the carriage and the baraat was moving towards the wedding venue. In the meantime, 2-3 dogs came and started barking at the horses. The horses panicked and started to run. Rinku tried to calm them down but they became so unmanageable that he could not stop them. While unsuccessfully trying to turn a corner safely, the carriage tumbled and the groom sustained injuries. The customer asked Nina for compensation.

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 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.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. The master is liable for all the acts done by his servant during the course of employment. Nina had a 4 horse driven carriage which she used to rent for marriage purposes. The horses were very tame and listened to its caretaker. One day she asked her servant Rinku to take the carriage to the customer's desired destination and Rinku did likewise. At the time of the baraat ceremony, the groom was sitting on the carriage and the baraat was moving towards the wedding venue. In the meantime, 2-3 dogs came and started barking at the horses. The horses panicked and started to run. Rinku tried to calm them down but they became so unmanageable that he could not stop them. While unsuccessfully trying to turn a corner safely, the carriage tumbled and the groom sustained injuries. The customer asked Nina for compensation.

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 digging earth with a spade. The top part of the spade got disjointed and hit Y, who was collecting the mud nearby. On inspection it was found that the spade was rusted, which resulted in the accident. X pleaded the defence of accident. Decide.

Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?

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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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. 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.Sharmans horses while being driven by his servant Sushant on a public road, got scared from barking of a dog and became unmanageable. Sushant tried his best to stop the horses but did not succeed in the endeavor. He was however able to control them to some extent. While trying to turn around a corner safely, the horses knocked down and injured Shyamlal who was waiting for a bus on the highway. Can Sushant be held liable?(i) Sushant is liable as he should not have taken the horses on the road. He did not exercise ordinary care and caution.(ii) Sushant is not liable as he could not have foreseen that a dogs bark would cause the horses to become unmanageable.(iii) Sushant is not liable as he used his skill under the circumstances to control the scared horses.(iv) Sushant is liable as he did not have enough skill to handle the horses.a)(i) and (iv)b)(i)c)(ii)d)(ii) and (iii)Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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