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Given Below is a Statement of Legal Principle Followed by a Factual Situation. Apply the Principle to the Facts and Select the Most Appropriate Answer. Principle: a Second Suit - Legal Reasoning

MCQ

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.

Principle: A second suit will not be heard on the same facts between the same parties.

Mr. Sampath went to a party alone in his wife Sunanda's car. He usually used his wife's car after office hours and his wife never objected to it. At the party, he got drunk. instead of taking the risk of driving the car, he requested his friend Mr. Vivek to drive him back home in Sunandas car, Mr. Vivek was quite sober since he had moderately consumed alcohol. On the way, Vivek knocked down a boy and injured his leg. Subsequently, on behalf of the boy, a claim for compensation was brought against Mrs.Sunanda since the car belonged to her and it was registered in her name. The insurance company refuses to pay compensation because the police report says that the person driving the car at the time of the accident had consumed alcohol.

Options

  • Sunanda is liable to pay compensation, although she  did not authorize Mr. Vivek to drive the car which  caused the accident, yet it was registered in her name

  • Sunanda is not liable to pay compensation because it is the liability of Mr. Sampath who had permission to drive the car and on the basis of this permission, he requested Mr. Vivek who was driving the car at the time of the accident 

  • Mr. Vivek is liable to compensate the boy fully because  he was negligent in driving the car 

  • Sunanda, Sampath and Vivek are all jointly liable to compensate the boy

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Solution

Sunanda is liable to pay compensation, although she did not authorize Mr. Vivek to drive the car which caused the accident, yet it was registered in her name.

Explanation:
The owner of the vehicle Mrs. Sunanda is responsible and liable to pay compensation as the vehicle was registered in her name.

Concept: Contract Law
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