15 Minute Test: Law Of Tort - 3 - CLAT MCQ

The plaintiff, a lady visitor to a restaurant was injured by the ceiling fan which fell on her. The reason for the falling of the fan was a latent/hidden defect in the metal of the suspension rod of the fan. In an action against the defendant, he is:

A patient is brought to a hospital maintained by B. The patient is to be operated upon. If as a result of faulty oxygen supply machine, the patient dies on the operation table, then:

Which of the following is an essential element to prove the tort of negligence?

X along with other passengers hired a bus owned by Y and driven by his driver Z. in the mid-way, the bus was punctured. So Y transferred X and other passengers to another bus owned by L, and driven by his servant R. The second bus met with an accident, in which X died and some other passengers were injured. W, X widow, sued for her husband death. In this case which one of the following is correct?

Ramu applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages. Which one of the following is the correct legal proposition in the case?

Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

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

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

POSSIBLE DECISIONS:

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

POSSIBLE REASONS:

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

Your decision with the reason:

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

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

POSSIBLE DECISIONS:

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

POSSIBLE REASONS:

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

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

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

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

POSSIBLE DECISIONS:

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

POSSIBLE REASONS:

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

Your decision with the reason:

Which of the following court cases involves a tort?

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

The remedies provided by the Human Rights Act 1998 are intended to regulate the activities of whom?