CLAT - Legal Aptitude - Law of Torts

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Question - 1

A owned a truck and he had hired B to drive it. On one of its trips, C flagged the truck down and asked to be dropped to a nearby city. B agreed to do so for a small amount of money. The truck met with an accident en route, in which C was badly injured. C sued in for damages.

  • A A will be liable since B did the act in the course of his employment
  • B A will be liable since he had not instructed B not to pick up passengers
  • C A will not be liable since taking passengers in a truck had no connection with his business
  • D A will not be liable because B was an experienced driver

Question - 2

Principle: A master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorized the act.
Factual Situation: A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee, C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.

  • A D will succeed since C was employed by A
  • B D will not succeed since A had not authorized C to drive the bus
  • C D will not succeed since the bus was not on an official trip
  • D D will succeed since turning the bus was in the course of employment

Question - 3

Principle: A master is liable for the acts of his servant as long as he can control the working of his servant.
Factual Situation: A owned a taxi agency. She had hired B to drive one of her cars. On 1 January 2010, C called up Ns 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.

  • A A is not liable because A was not driving the car
  • B A is not liable because A was not in the car
  • C A is liable because B was employed by her and was in her control
  • D A is not liable because B was driving as per C's instructions

Question - 4

Principle: A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. A slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.
Factual Situation: A wrote a letter to B calling him a cheat. B's clerk C opened the letter, as he normally did a fact which was known to A and placed it on B's table. B alleges that A has committed libel.

  • A B will succeed since A has published a defamatory statement against A
  • B B will not succeed because it was not written in a newspaper
  • C B will not succeed because everyone knew that A was a cheat
  • D B will not succeed since A did not follow up the letter with a speech

Question - 5

Principle: False imprisonment is a total restraint on the liberty of a person, for however short a time, without lawful excuse.
Factual Situation: A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around five minutes.

  • A B and his group are liable for having falsely imprisoned A
  • B B and his group are not liable for falsely imprisoning A since they were exercising their right to protest
  • C B and his group are not liable for falsely imprisoning A since they did not totally restrain the liberty of A
  • D B and his group are not liable for falsely imprisoning A since five minutes is too short a time

Question - 6

Principle: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another.
Factual Situation: A was sitting on a chair reading a book. His friend, B decided to play a practical joke on him. Accordingly, he pulled the chair from under him. As a result of which, A landed on the floor.

  • A B's act amounts to a battery
  • B B's act amounts to an assault
  • C B's act amounts to an assault till the time A lands on the floor
  • D B's act amounts to neither battery nor assault because there was no intention

Question - 7

Select the option which does not constitute 'trespass to person'.

  • A Assault
  • B Battery
  • C Mayhem
  • D Conversion

Question - 8

Legal Principle: 'Qui facit per alium facit per se', which means, 'he who does an act through another is deemed in law to do it himself'.
Factual Situation: A gave some amount and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in the account of his wife C. The employee misappropriated the amount. C files a suit against the State Bank of India. Choose the correct option.

  • A The State Bank of India would be vicariously liable to C
  • B The State Bank of India would be vicariously liable to B
  • C B would be liable to A
  • D Neither State Bank of India nor B would be liable

Question - 9

Legal Principle: The rule of 'volenti non fit injuria', means voluntarily suffering injury is not fit for action.' Factual Situation: X, a pedestrian finds Closing her control over her Scooty while driving down the flyover, while rescuing C from any harm successfully, X is injured, so is asking for compensation. C may take the defence of the above principle on the basis of

  • A plaintiffs free consent
  • B act of God
  • C act of state
  • D inevitable accident

Question - 10

In which of the following cases, 'P' did not owe duty of care to 'Q'.

  • A A bus owned by 'P', was being driven on the road. While the driver of bus tried to overtake a stationary truck, it skidded on the rough side of the road and overturned, injuring some passengers in the bus including 'Q'. 'Q' sued 'P' for damages.
  • B The conductor of an overloaded bus owned by P invited passengers to travel on the roof. As the bus overtook a cart, it swerved on the right side and 'Q' was injured by an overhanging branch of a tree. 'Q' sued 'P'
  • C 'Q', after buying the ticket, was trying to board the bus belonging to 'P'. Just when 'Q' had placed his foot on the footboard, the conductor rang the bell signalling the driver to move, with the result that 'Q' fell down and suffered injuries. 'Q' sued 'P'
  • D 'Q', who was travelling on his cycle, stopped by the side of the road to have a cup of tea. When he had put his foot on the pedal of the cycle, he was hit by a speeding motorcycle and was injured. 'Q' sued the driver of motorcycle 'P' for damages.
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