Principle: Consent is a Good Defence for Civil Action in Tort. but Consent Must Include Both Knowledge of Risk and Assumption of Risk, I.E, Readiness to Bear Harm. - Legal Reasoning

Advertisements
Advertisements
MCQ

Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.

Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.

Options

  • Lady can refuse to pay the fare as she had suffered injuries.

  • Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.

  • Lady is not entitled to claim compensation as she had knowled ge of the risk.

  • Driver can take the plea that he was lightly intoxicated.

Advertisements

Solution

Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.

Explanation:

i. The plaintiff knows that there is a risk.   
ii. He knowingly agrees to suffer harm.  
If only the first point is present, there is only knowledge of the risk, it is no defence because the maxim his volentinon fit injuria. Merely because the plaintiff knows of the harm does not imply that he assent to suffer harm. The reasonable conclusion drawn Lady is entitled to claim compensation as she only knew about the risk and there was no assumption of risk.

Concept: Law of Torts (Entrance Exams)
  Is there an error in this question or solution?
2015-2016 (May) Set 1

RELATED QUESTIONS

Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.

Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.  


Principle: An employer is liable for an injury caused by an employee in the course of employment. 

Facts:  'A‘ and 'B‘ were working in a factory as unskilled laborers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.


Principle: Everyone has the right of private defense to defend his body and property by use of reasonable force unless that person had time to have recourse to the protection of public authorities.

Facts: X receives information at 5.00 pm that Y along with few friends are planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured. 


Principle: Use of criminal force intentionally knowing that it would cause or is likely to cause injury or annoyance to the person against whom force is used, is an offense.

Facts: X, a renowned social worker who had launched a movement for the liberation of women, pull up a Muslim women‘s veil in public in good faith without her consent causing annoyance to her. 


The principle is to be applied to the given facts and to choose the most appropriate option

Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.

Facts: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of ‘X’ valid?


Legal Principle: An employer is liable for the act of his servant performed during the course of employment.

Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.

Which of the following statements is the most appropriate in relation to the legal principle stated above?


Result of successful prosecution is


India became a member of the United Nations in the Year


Which of the following is not a reason for the general lack of liability for omissions in English law?


Mark the best option:
Principles:

  1. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threats, commits criminal intimidation.
  2. A threat to injure the reputation of any deceased person in whom the person threatened is interesting, is covered within the above provision.

Facts: Monty is a tenant in the Sharmas' house, living on the top floor while the Sharmas occupy the ground floor. However, he is always irregular in paying the rent. The Sharmas' are tired of asking him to pay on time and his manners have deteriorated over time. What started as mere excuses snowballed into name-calling, until one day, Monty threatened to come with his friends and vandalize the Sharmas' house, if they complained or took action against him.
Will Monty be guilty of criminal intimidation?


A loud bass beat that can be heard through an apartment wall (from another apartment) at midnight can be classified as


The following is not a tort described as ‘trespass to the person...


Injuria sine damnum stands for.


PRINCIPLES

I. A master is liable for the wrongful acts of his servant.
II. A person can be called a servant only if there is a relation of employment and he acts under the order and on behalf of his master.

FACTS

X bank launched a saving scheme for poor sections of the society and the customer can deposit ₹10 per day. Y, an unemployed youth, collected money from several customers, and on behalf of them deposited the money at the bank every day. The bank gave to Y a small commission. After some time, Y disappeared without depositing the money given by the customers. The customers bring a suit alleging that the bank is liable. Decide 


PRINCIPLE Nuisance is the interference in the enjoyment of the property.

FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?


LEGAL PRINCIPLE An occupier is not normally liable to a trespasser except in respect of a wilful act intended to cause him harm or done with reckless disregard.

FACTUAL SITUATION Tony, a Richman, had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near the dog. Further, a special handler was hired to take care of the dog. Visitors were warned by a prominent warning signboard about this dog.

One day, a 13 years old boy playing in the neighbourhood, running after his ball got into the house. The dog attacked him and kill him, Tony was sued for damages.


Principle: A Master is liable for the acts of his Servant as long as he can control the working of his servant.

A owned a taxi agency. She had hired B to drive one of her cars. On January 1, 2010, C called up A's taxi agency and asked for a car to drop him from his house to his place of work. On the way, because of the driver's negligence, the car hit a road divider and C was injured. He sued A for damages.


Principle: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes a private nuisance, a wrongful act under Law of Torts.

Facts: Vasan was owing to a house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict AIDS patient and he offered to fix a suitable tenant for Vasan's house if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Varadan's tenants. Varadan filed a suit against Vasan.


Assertion (A): In the event of a violation of any legal right (tort) the aggrieved party is entitled to recover damages as determined by the court.

Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis. 


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

Legal principle: A partner is liable for the debts incurred by the other partners in the course of the partnership.

Factual situation: Satwik and Prateek enter into a partnership to produce a film, wherein Satwik also directs the movie. The movie bombed at the box office. Consequently, they run into financial difficulties and the partnership ends. Prateek goes to Abbas to borrow some money, which Abbas understands is for repaying the debts from the partnership. Prateek takes the money and absconds to Malibu. Abbas sues Satwik for the amount. Decide. DECISION:


Share
Notifications



      Forgot password?
Use app×