Torts

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Question
CLATENLA12031029

 The government of India has launched Modified Special Incentive Proposal Scheme (M-SIPS) for which of the following sectors?

  • Electronic sector

  • Automobile sector

  • Agriculture sector 

  • Textile sector

Solution

A.

Electronic sector

Sponsor Area

Question
CLATENLA12030945

 A Co. builds a footbridge over railroad tracks that have electrified power lines strung above them to provide power to the trains. A Co. considers two different options to protect against the risk of pedestrians on the footbridge somehow coming into contact with the electrified power lines. One option is five times more expensive than the other but past experience indicates that it is ten times more effective. A Co. opts for the cheaper, less effective option. B, a pedestrian, comes into contact with the electrified power lines when trailing a long wire over the edge of the footbridge. Which of the following statements most accurately states the proper analysis of the related questions of risk and precaution?

  •  A Co. may not have been negligent if the precautions it took were reasonably effective given the magnitude of the risk, even though it could have achieved greater effectiveness at greater expense

  •  A Co. should not be held to have been negligent because it considered the risk and spent some money on precautions that were effective to some extent

  •  A Co. should be regarded as negligent because the option it chose was less cost-effective than the option it rejected (one-fifth of the cost but one-tenth of the effectiveness)

  •  A Co. must necessarily be regarded as negligent because it deliberately chose the less effective option to guard against a known risk

Solution

A.

 A Co. may not have been negligent if the precautions it took were reasonably effective given the magnitude of the risk, even though it could have achieved greater effectiveness at greater expense

Question
CLATENLA12031022

 A is running a polyclinic well equipped with operation theatres and supporting staff. S is surgeon who makes use of this polyclinc to operate his patients. While operating a patient, P, due to the negligence of a nurse (who was support staff of polyclinic), the surgical knife was left inside the abdomen of P. P developed several complications.  Advice P as to against whom i.e. A or S, he should file the suit for damages.

  • A should be sued because N was the staff nurse of his polclinic

  • S should be sued because has was responsible for whatever was done during the operation

  •  S should be sued because he should have selected a better staff nurse

  • none of the above

Solution

A.

A should be sued because N was the staff nurse of his polclinic

Question
CLATENLA12031018

 A master shall be liable for the acts of his servants done in the course of the employment.

Facts- HMT, a public sector undertaking, is operating a number bus services for its employees in Bangalore. These buses are quite distinct in their appearance and carry the board 'for HMT employees only'. M, a villager for neighboring state, was waiting for a regular bus in one of the bus stops in Bangalore. A bus belonging to HMT happened to stop nearby and a number of people got into the bus. M, without realizing that it was HMT bus, got into the bus and soon thereafter,the met an accident. M seeks to file against HMT claiming damages.

  • M will not succeed because it was for himto find out whether it was a public transport

  • M will succeed because the driver was anyhow duty bound to drive carefully

  • M will succeed because he got into the bus without realizing that it was HMT bus

  • none of the above

Solution

B.

M will succeed because the driver was anyhow duty bound to drive carefully

Question
CLATENLA12031027

 A partner has implied authority to raise a loan  on behalf of the partnership business if it is necessary for the usual course of business

A, B, & C are partners in a firm of Charted Accountants.They had agreed that none of them would contract a loan in the name of the firm without the consent of all the partners. Nevertheless, A  took a loan from a Bank in the name of the firm and spend the money for his personal purposes. The bank demanded the repayment from the partnership firm.

  • the partnership firm is liable because A had acted as a partner while raising the loan

  •  the partnership firm is not liable because raising a loan is not in the usual course of business in this case

  • the partnership firm is not liable as the partners had unanimously agreed that none of them would raise a loan in the name of the firm 

  • none of the above

Solution

A.

the partnership firm is liable because A had acted as a partner while raising the loan