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Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.
Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.
  • a)
    The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.
  • b)
    The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.
  • c)
    The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.
  • d)
    None of the above
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Direction: The question consists of legal propositions/ principles (h...
The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.
The consent to the operation does not mean consenting to a negligent mode of operation by the surgeon.
Hence, the correct option is (C).
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Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
Question Description
Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. 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 Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.Principle: It is a valid defense to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.Facts: You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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