CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in 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 towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle Res ipsa loquiturie i. e., the thing speaks for itself. Facts Seema got herself operated for the removal other uterus in the defendant's hospital, as there was diagnosed to be a cyst in one other ovaries. Due the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.

    A)  Surgeon cannot be held responsible because it is merely a human error

    B)  Surgeon can be held responsible but Seema will have to prove in the court of law that the surgeon was grossly negligent

    C)  Surgeon will be responsible and Seema need not to prove surgeon's negligence because presence of abdominal pack in her abdomen is sufficient proof there for

    D)  None of the above

    Correct Answer: C

    Solution :

     There is a legal principle that, the thing speaks for itself. In the present case it is obvious that when Seema got the abdominal pack in her abdomen removed by a second surgery performed by the doctor. So, surgeon will be responsible and Seema need not to prove surgeon's negligence.


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