CLAT 2013 Question Paper with answer key for online practice

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Each question in this section 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 herein. 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.

Question : 174 of 200

Marks: +1, -0

Principle:
res ipsa loquitur i.e. the thing speaks for itself.
Facts:
Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst in one of her 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.

Surgeon cannot be held responsible because it is merely a human error.
Surgeon can be held responsible but Seema will have to prove in the court of law that the surgeon was grossly negligent
Surgeon will be responsible and Seema need not to prove surgeon’s negligence because presence of abdominal pack in her abdomen is sufficient proof therefor.
None of the above

Validate

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