CLAT UG Ā· Legal Reasoning & Constitutional Law

Torts: Vicarious Liability, Nuisance and Defenses

10 practice questions, each with the answer and an explanation.

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Random questions from this topic, one at a time. You see the answer and the explanation straight after each one.

All 10 questions

  1. Principle: An employer is vicariously liable for torts committed by an employee in the course of employment.
    Facts: A bank driver, while driving the bank cash van along the authorized route to collect…
  2. Principle: Volenti non fit injuria is a complete defense when the plaintiff freely consents to run the risk with full knowledge of its nature.
    Facts: A spectator at a cricket match is struck by a ball…
  3. Principle: Strict liability applies when a person brings onto land and keeps there something likely to do mischief if it escapes, unless the escape was caused by an Act of God.
    Facts: An unprecedented…
  4. Principle: Private nuisance requires substantial and unreasonable interference with the plaintiff use and enjoyment of land.
    Facts: A neighbor operates a metal fabrication machine generating 95 decibe…
  5. Principle: A master is not liable for torts committed by an employee when the employee is on an independent frolic of his own.
    Facts: A delivery driver detours 25 kilometers away from his delivery zon…
  6. Principle: Truth (justification) is an absolute defense to an action for civil defamation in tort.
    Facts: A journalist publishes that an accused was convicted of forgery, which is proven to be complet…
  7. Principle: The doctrine of absolute liability (M.C. Mehta v. Union of India) allows no exceptions when an enterprise engages in an inherently hazardous activity.
    Facts: Oleum gas escapes from a chem…
  8. Principle: False imprisonment requires complete deprivation of a person liberty without lawful justification.
    Facts: A security guard blocks the north exit of a store, but the south and east exits rem…
  9. Principle: Res ipsa loquitur shifts the burden of proof to the defendant when the accident is of a kind that does not ordinarily occur without negligence.
    Facts: A surgical sponge is left inside a p…
  10. Principle: Assault is an act that creates reasonable apprehension in the plaintiff mind of immediate unlawful violence.
    Facts: A man points an unloaded gun at someone who believes it is loaded, threat…

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