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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 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.
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.
  • a)
    Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.
  • b)
    Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.
  • c)
    Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.
  • d)
    Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
The law of torts has been evolving throughout its existence. There ar...
Correct Answer is (d)
The horses panicked because of the barking of the dogs. The horses were otherwise of quiet nature.
Hence, it was not forseeable that the horses could panic and create so much of trouble. Therefore, Nina is not liable to pay as Rinku tried all the measures to calm down the horses but they didn't obey. It is a clear case of inevitable 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. 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.Correct answer is option 'D'. Can you explain this answer?
Question Description
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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.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 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.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 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.Correct answer is option 'D'. Can you explain this answer?.
Solutions for 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.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 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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.a)Nina is liable to pay because she was the master of Rinku and hence would be liable for the loss incurred by the customer.b)Nina is liable to pay because she should have ensured that the driver of the carriage knew how to handle tough situations like in the present case.c)Nina is not liable to pay because Rinku tried to stop the horses in the best possible manner but it took time as they were in a panic created by the barking dogs.d)Nina is not liable to pay because the accident couldn't be avoided despite the care and caution shown by Rinku.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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