Daily Passage Test for CLAT - May 11 MCQs & solutions Free

Directions: Kindly read the passage carefully and answer the questions given beside.

A tort is a wrongful act or an infringement of a right, which is a civil wrong and the person who commits a tortious act is legally responsible for the damages suffered by the claimant. A tort is different than the criminal wrongs as the criminal wrong is punishable by the state. Purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Generally, assault is followed by the battery which is the reason assault and battery are mostly used together. The legal term assault refers to an attempt by one person to cause serious bodily harm to another person. This may be through a deliberate act, or through irresponsible actions that show a deliberate lack of respect for the victim's safety. Assault is also defined as carrying out threat of bodily harm, or having the ability to carry out the threat. Assault is both a crime and a civil wrong, and may result in criminal charges and/or civil liability. To explore this concept, consider the following assault definition.
According to historic criminal laws, assault and battery were two crimes that could possibly occur at the same time. Assault referred to any intentional act that causes another person to be fearful of immediate harm. This required the perpetrator to have the means or ability to carry out his threat, making the victim's fear valid, and no actual physical contact was required.
In simple Assault no weapon is used, and the injuries sustained by the victim are relatively minor. Simple assault is usually a misdemeanor. Aggravated assault is committed with a weapon, or an assault or threat of harm committed with the intent to commit a more serious crime, such as rape. Assault against a person of a protected class, such as an elderly person, or a child is also included in it. Sexual Assault is a catchall term referring to any act of a sexual nature perpetrated on a person without his or her consent. Another is, assault with a deadly weapon in which physical assault or violence committed by using, or attempting to use, a weapon or object that is capable of causing serious injury or death.
[Extracted, with edits and revisions, from Battery as a Tort, blog by iPleaders]

Q. Samar loses patience with Manish when it comes to the issue of paternal property inheritance. Samar punches Manish in the face, damaging his left eye, as a result of their argument. Decide.

Directions: Kindly read the passage carefully and answer the questions given beside.

A tort is a wrongful act or an infringement of a right, which is a civil wrong and the person who commits a tortious act is legally responsible for the damages suffered by the claimant. A tort is different than the criminal wrongs as the criminal wrong is punishable by the state. Purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Generally, assault is followed by the battery which is the reason assault and battery are mostly used together. The legal term assault refers to an attempt by one person to cause serious bodily harm to another person. This may be through a deliberate act, or through irresponsible actions that show a deliberate lack of respect for the victim's safety. Assault is also defined as carrying out threat of bodily harm, or having the ability to carry out the threat. Assault is both a crime and a civil wrong, and may result in criminal charges and/or civil liability. To explore this concept, consider the following assault definition.
According to historic criminal laws, assault and battery were two crimes that could possibly occur at the same time. Assault referred to any intentional act that causes another person to be fearful of immediate harm. This required the perpetrator to have the means or ability to carry out his threat, making the victim's fear valid, and no actual physical contact was required.
In simple Assault no weapon is used, and the injuries sustained by the victim are relatively minor. Simple assault is usually a misdemeanor. Aggravated assault is committed with a weapon, or an assault or threat of harm committed with the intent to commit a more serious crime, such as rape. Assault against a person of a protected class, such as an elderly person, or a child is also included in it. Sexual Assault is a catchall term referring to any act of a sexual nature perpetrated on a person without his or her consent. Another is, assault with a deadly weapon in which physical assault or violence committed by using, or attempting to use, a weapon or object that is capable of causing serious injury or death.
[Extracted, with edits and revisions, from Battery as a Tort, blog by iPleaders]

Q. In Jaipur, Prakash and Manoj share a residence. Prakash is accused of stealing Manoj's iPhone, and Manoj threatens to break Prakash's leg if he doesn't stop. As a result of Prakash's growing concern over the possibility of such harm, the two of them start to fight, and Manoj actually hits Prakash hard, shattering his leg. Decide.

Directions: Kindly read the passage carefully and answer the questions given beside.

A tort is a wrongful act or an infringement of a right, which is a civil wrong and the person who commits a tortious act is legally responsible for the damages suffered by the claimant. A tort is different than the criminal wrongs as the criminal wrong is punishable by the state. Purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Generally, assault is followed by the battery which is the reason assault and battery are mostly used together. The legal term assault refers to an attempt by one person to cause serious bodily harm to another person. This may be through a deliberate act, or through irresponsible actions that show a deliberate lack of respect for the victim's safety. Assault is also defined as carrying out threat of bodily harm, or having the ability to carry out the threat. Assault is both a crime and a civil wrong, and may result in criminal charges and/or civil liability. To explore this concept, consider the following assault definition.
According to historic criminal laws, assault and battery were two crimes that could possibly occur at the same time. Assault referred to any intentional act that causes another person to be fearful of immediate harm. This required the perpetrator to have the means or ability to carry out his threat, making the victim's fear valid, and no actual physical contact was required.
In simple Assault no weapon is used, and the injuries sustained by the victim are relatively minor. Simple assault is usually a misdemeanor. Aggravated assault is committed with a weapon, or an assault or threat of harm committed with the intent to commit a more serious crime, such as rape. Assault against a person of a protected class, such as an elderly person, or a child is also included in it. Sexual Assault is a catchall term referring to any act of a sexual nature perpetrated on a person without his or her consent. Another is, assault with a deadly weapon in which physical assault or violence committed by using, or attempting to use, a weapon or object that is capable of causing serious injury or death.
[Extracted, with edits and revisions, from Battery as a Tort, blog by iPleaders]

Q. When Ajay and his pals went out for lunch at a restaurant, he noticed his sister dining with an elderly man. Ajay was furious and hurried over to the man, screaming at him and pushing him; the other man then shoved Ajay back. The two began punching fists at one another when Ajay grabbed the man's collar and dragged him halfway across the hallway. The restaurant management eventually separated them. Decide.

Directions: Kindly read the passage carefully and answer the questions given beside.

A tort is a wrongful act or an infringement of a right, which is a civil wrong and the person who commits a tortious act is legally responsible for the damages suffered by the claimant. A tort is different than the criminal wrongs as the criminal wrong is punishable by the state. Purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Generally, assault is followed by the battery which is the reason assault and battery are mostly used together. The legal term assault refers to an attempt by one person to cause serious bodily harm to another person. This may be through a deliberate act, or through irresponsible actions that show a deliberate lack of respect for the victim's safety. Assault is also defined as carrying out threat of bodily harm, or having the ability to carry out the threat. Assault is both a crime and a civil wrong, and may result in criminal charges and/or civil liability. To explore this concept, consider the following assault definition.
According to historic criminal laws, assault and battery were two crimes that could possibly occur at the same time. Assault referred to any intentional act that causes another person to be fearful of immediate harm. This required the perpetrator to have the means or ability to carry out his threat, making the victim's fear valid, and no actual physical contact was required.
In simple Assault no weapon is used, and the injuries sustained by the victim are relatively minor. Simple assault is usually a misdemeanor. Aggravated assault is committed with a weapon, or an assault or threat of harm committed with the intent to commit a more serious crime, such as rape. Assault against a person of a protected class, such as an elderly person, or a child is also included in it. Sexual Assault is a catchall term referring to any act of a sexual nature perpetrated on a person without his or her consent. Another is, assault with a deadly weapon in which physical assault or violence committed by using, or attempting to use, a weapon or object that is capable of causing serious injury or death.
[Extracted, with edits and revisions, from Battery as a Tort, blog by iPleaders]

Q. What is the primary difference between a tort and a criminal wrong?

Directions: Kindly read the passage carefully and answer the questions given beside.

A tort is a wrongful act or an infringement of a right, which is a civil wrong and the person who commits a tortious act is legally responsible for the damages suffered by the claimant. A tort is different than the criminal wrongs as the criminal wrong is punishable by the state. Purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Generally, assault is followed by the battery which is the reason assault and battery are mostly used together. The legal term assault refers to an attempt by one person to cause serious bodily harm to another person. This may be through a deliberate act, or through irresponsible actions that show a deliberate lack of respect for the victim's safety. Assault is also defined as carrying out threat of bodily harm, or having the ability to carry out the threat. Assault is both a crime and a civil wrong, and may result in criminal charges and/or civil liability. To explore this concept, consider the following assault definition.
According to historic criminal laws, assault and battery were two crimes that could possibly occur at the same time. Assault referred to any intentional act that causes another person to be fearful of immediate harm. This required the perpetrator to have the means or ability to carry out his threat, making the victim's fear valid, and no actual physical contact was required.
In simple Assault no weapon is used, and the injuries sustained by the victim are relatively minor. Simple assault is usually a misdemeanor. Aggravated assault is committed with a weapon, or an assault or threat of harm committed with the intent to commit a more serious crime, such as rape. Assault against a person of a protected class, such as an elderly person, or a child is also included in it. Sexual Assault is a catchall term referring to any act of a sexual nature perpetrated on a person without his or her consent. Another is, assault with a deadly weapon in which physical assault or violence committed by using, or attempting to use, a weapon or object that is capable of causing serious injury or death.
[Extracted, with edits and revisions, from Battery as a Tort, blog by iPleaders]

Q. Both Jia and Aisha were Mumbai residents and models. Aisha owed her Rs. 1000, which caused them to argue. Jia threatened to hit her in the face during their disagreement, which was very physical. Aisha feared that she might suffer injury as a result of this threat. Decide.