Question:
Legal Principles:
1. When the negligent act of two or more person results in the same damage, it is called composite negligence. The liability in such a case is joint and several of the tort-feasers.
2. A person is liable if he can reasonably foresee that his acts would be likely to injure someone.
3. The foreseeability of the type of damage is a pre-requisite of liability.
4. The claimant must prove that harm would not have occurred but for the negligence of the defendant.
Facts: Zara filed a civil suit against five drug manufacturing companies. Zara's mother took synthetic estrogen while pregnant with her. As a result of receiving the drug in-utero, Zara developed cancer as an adult. The drug was manufactured by the Defendants, five major drug companies and by about 195 other companies not named in the suit. The Defendants together produced 90% of the drug. Zara is unable to identify which company produced the actual drug her mother took. Decide whether the Defendants only can be held liable for Zara's cancer.
Legal Principles:
1. When the negligent act of two or more person results in the same damage, it is called composite negligence. The liability in such a case is joint and several of the tort-feasers.
2. A person is liable if he can reasonably foresee that his acts would be likely to injure someone.
3. The foreseeability of the type of damage is a pre-requisite of liability.
4. The claimant must prove that harm would not have occurred but for the negligence of the defendant.
Facts: Zara filed a civil suit against five drug manufacturing companies. Zara's mother took synthetic estrogen while pregnant with her. As a result of receiving the drug in-utero, Zara developed cancer as an adult. The drug was manufactured by the Defendants, five major drug companies and by about 195 other companies not named in the suit. The Defendants together produced 90% of the drug. Zara is unable to identify which company produced the actual drug her mother took. Decide whether the Defendants only can be held liable for Zara's cancer.
1. When the negligent act of two or more person results in the same damage, it is called composite negligence. The liability in such a case is joint and several of the tort-feasers.
2. A person is liable if he can reasonably foresee that his acts would be likely to injure someone.
3. The foreseeability of the type of damage is a pre-requisite of liability.
4. The claimant must prove that harm would not have occurred but for the negligence of the defendant.
Facts: Zara filed a civil suit against five drug manufacturing companies. Zara's mother took synthetic estrogen while pregnant with her. As a result of receiving the drug in-utero, Zara developed cancer as an adult. The drug was manufactured by the Defendants, five major drug companies and by about 195 other companies not named in the suit. The Defendants together produced 90% of the drug. Zara is unable to identify which company produced the actual drug her mother took. Decide whether the Defendants only can be held liable for Zara's cancer.
Updated On: Aug 5, 2024
- No, as the industry responsible for the production of this drug is large, so holding only the defendants responsible is not correct.
- Yes, as defendants joins a substantial share of the manufactures into the lawsuit, the chances of the actual tort-feasor escaping liability is greatly reduced.
- No, as defendants can be made liable if he can reasonably foresee that his acts would be likely to injure someone.
- No, Zara is not entitled to any damages as the drugs her mother was administered were needed at that time and her mother had taken the medicines voluntarily. Zara developed cancer after so many years and she must prove that harm would not have occurred 'but for the negligence of the defendants.
Hide Solution
Verified By Collegedunia
The Correct Option is B
Solution and Explanation
The correct option is (B):Yes, as defendants joins a substantial share of the manufactures into the lawsuit, the chances of the actual tort-feasor escaping liability is greatly reduced.
Was this answer helpful?
0
0
Top Questions on Law of Torts
- Consider the following statements:
i. Libel is addressed to the eye.
ii. Slander is addressed to the ear.
iii. Slander is a criminal wrong. Choose the correct answer.- AILET PhD - 2025
- Legal Studies
- Law of Torts
- The following is incorrect about malicious prosecution in tort law:
- AILET LLM - 2025
- Legal Studies
- Law of Torts
- Which of the following is NOT necessary to establish the liability for negligence under law of torts?
- AILET PhD - 2025
- Legal Studies
- Law of Torts
- What must be shown before the court to obtain an injunction to stop nuisance?
- AILET PhD - 2025
- Legal Studies
- Law of Torts
- ‘Malice in fact’ means:
- AILET PhD - 2025
- Legal Studies
- Law of Torts
View More Questions
Questions Asked in AILET exam
- Read the excerpt from a Handicrafts Manual: ‘Advanced Knitting Techniques’ and answer the following questions by choosing the most appropriate answer.
THE FAIR ISLE METHOD: Fair Isle knitting is a traditional technique that involves using two or more colours of yarn in a single row to create intricate patterns and designs. This method requires careful tension management to ensure even stitches and prevent puckering. To begin, select your colours and cast on the desired number of stitches. As you knit, alternate between colours every few stitches, carrying the unused yarn along the back of the work. Mastering the Fair Isle technique allows you to create stunning visual effects in garments, accessories, and home textiles.
THE CONTINENTAL STYLE: The Continental knitting style, often referred to as “picking,” involves holding the yarn in the left hand while the right hand manipulates the needles. This method allows for greater speed and efficiency, particularly when working with complex patterns or multiple colours. To practice this style, start by casting on your stitches and using your left hand to tension the yarn. With each stitch, simply “pick” the yarn with your right needle, forming a quick and fluid motion. As you become comfortable with this technique, you may find that your overall knitting speed and comfort improve significantly.
THE SHORT-ROW TECHNIQUE: Short-row knitting is an advanced technique that allows for the creation of shaped garments, such as sleeves and shoulders, without the need for complex shaping. To make a sleeve using this technique, begin by casting on the required number of stitches. Work a portion of the row, then turn your work and return without completing the full row to create the “short rows” that shape the curves of the sleeve. To prevent holes at the turn, wrap the stitch before you turn your work. Repeat this process as needed to achieve the desired shaping and dimension of the sleeve. Once you have shaped the sleeve, you can then sew the side seams to connect the pieces of your garment and finally, complete the edges to ensure a clean finish. This method not only helps shape curves but also adds dimension to your piece, allowing you to enhance fit and style.- AILET BALLB (Hons.) - 2025
- Reading Comprehension
- Read the following passage and answer the following questions by choosing the most appropriate answer.
The Story of Coffee
Coffee, a beloved beverage enjoyed by millions around the globe, has a rich and captivating history that spans centuries. The story of coffee begins in the ancient highlands of Ethiopia, where, according to legend, a goat herder named Kaldi discovered the stimulating effects of coffee beans. One day, Kaldi noticed his goats frolicking with unusual energy after eating red berries from a certain tree. Curious, he tried the berries himself and experienced a newfound alertness. This discovery soon spread to monasteries, where monks used it to stay awake during long hours of prayer. From Ethiopia, coffee cultivation and consumption spread to the Arabian Peninsula, particularly in Yemen, where the practice of roasting coffee beans and brewing the drink began to take shape. By the 15th century, coffee had become a popular beverage in the Islamic world, with coffee houses known as ‘qahveh khaneh’ emerging as social hubs for conversation, music, and intellectual exchange. These coffee houses became centers of culture and commerce, influencing the spread of coffee to Turkey and beyond, eventually reaching Europe. In Europe, coffee initially faced resistance from religious authorities who considered it a ‘Muslim drink’ and tried to ban it. However, its popularity persisted, and by the 17th century, coffee houses had sprung up in major European cities, becoming important gathering places for artists, writers, and thinkers. The stimulating effects of coffee were embraced during the Age of Enlightenment, where it was seen as a catalyst for intellectual discussion and innovation. The journey of coffee continued with the establishment of colonial plantations in tropical regions such as the Caribbean, Central and South America, and Southeast Asia. These plantations fuelled the global demand for coffee, transforming it from a regional specialty to a major commodity. The industrial revolution further accelerated coffee production and consumption, leading to innovations in coffee brewing methods and the development of instant coffee. In the modern era, coffee has evolved into a deeply ingrained part of daily life for people worldwide. Its cultural significance spans from the bustling cafes of Paris to the quiet coffee farms of Colombia. Today, coffee remains not only a popular beverage but also a symbol of social interaction, productivity, and enjoyment. Whether sipped slowly over a conversation with friends or grabbed hastily on the way to work, the story of coffee continues to unfold, intertwining with the histories and cultures of countless societies across the globe.- AILET BALLB (Hons.) - 2025
- Reading Comprehension
- Read the following passage and answer the following questions by choosing the most appropriate answer.
The intricate world of modern manufacturing is a web of precision and innovation, where even the tiniest components play a pivotal role. One such element, often overlooked but crucial, is the sub-subpart. Whether it’s a carpenter fashioning a bespoke piece of furniture or an automobile engineer designing the next generation of vehicles, the creation of sub-subparts is a fundamental process that demands meticulous craftsmanship and cutting-edge technology. In the realm of woodworking, carpenters frequently work with sub-subparts like dowels, screws, and hinges. These minute components may appear insignificant, yet they determine the structural integrity and functionality of the final product. Crafting a dowel, for instance, begins with selecting the appropriate wood species, followed by precision cutting and shaping. The result is a perfectly cylindrical, sturdy sub-subpart that seamlessly joins two larger pieces of wood. The advent of computer-aided design (CAD) and computer numerical control (CNC) machines has revolutionised this process, enabling carpenters to create sub-subparts with unparalleled precision.
Similarly, in the automobile industry, sub-subparts are the unsung heroes of vehicle construction. Take, for instance, the ball bearing—a minuscule but essential component in the wheels and transmission system. Manufacturing these precision-engineered spheres involves intricate processes like forging, heat treatment, and precision machining. Modern techniques such as laser cutting and 3D printing have streamlined production, ensuring that these sub-subparts meet the demanding standards of the automotive sector. The manufacturing of sub-subparts is a testament to the convergence of traditional craftsmanship and cutting-edge technology. Whether it’s a carpenter’s workshop or a high-tech automotive assembly line, the quest for perfection in sub-subpart creation remains unwavering. The attention to detail and precision required in these processes is a testament to the dedication of craftsmen and engineers alike.
To conclude, while sub-subparts may be small in size, their significance in various industries cannot be overstated. Whether it’s a carpenter working on a timeless piece of furniture or an automotive engineer striving for superior performance, the manufacturing of sub-subparts is a crucial step towards achieving excellence in craftsmanship and technology. This fusion of tradition and innovation accentuates the essence of modern manufacturing.- AILET BALLB (Hons.) - 2025
- Reading Comprehension
- Read the book descriptions for three different books and answer the questions by choosing the most appropriate options.
\(\text{The Politics of Change}\) \(\text{The Change in Politics}\) \(\text{Politics and Change:}\) A Global Perspective} In "The Politics of Change," political analyst Dr. Emily Harper examines the dynamics of social movements and their impact on policy reform. Through detailed case studies, she explores how grassroots organizations, protests, and advocacy campaigns shape public opinion and influence lawmakers. Dr. Harper provides insights into the strategies that successful movements employ and discusses the challenges they face in a complex political landscape. She discusses key strategies, such as coalition-building, media engagement, and the use of digital platforms to amplify voices. This book by veteran journalist Mark Stevens investigates the shifting political landscape in the 21st century. Focusing on major elections, emerging political parties, and the role of social media, Stevens analyzes how technology and demographics are transforming political engagement and voter behaviour. Through interviews with political leaders, campaign strategists, and everyday voters, Stevens uncovers how demographic shifts and technological advancements are reshaping political discourse in urban areas. He analyzes the implications of these changes for traditional political institutions and explores how movements like #MeToo and Black Lives Matter have disrupted conventional narratives. In this insightful work, international relations scholar Dr. Anika Patel presents a global analysis of political change across various regions. She explores the factors that drive political transitions, including economic shifts, cultural movements, and international influences. Dr. Patel emphasizes the interconnectedness of global politics and how local changes can have far-reaching implications. She analyzes various factors driving political transitions, including economic upheaval, cultural shifts, and the impact of globalization. She provides case studies from diverse regions, such as the Arab Spring, democratic movements in Latin America, and shifts in power in Asia. The book serves as a vital resource for understanding the complexities of political evolution in a rapidly changing world. - AILET BALLB (Hons.) - 2025
- Reading Comprehension
- The levels of dissolved oxygen in the world's ocean waters are declining precipitously. Just like humans, fish need oxygen to survive, and so in ocean areas experiencing significant levels of oxygen scarcity, or hypoxia, fish populations are plummeting. Although some hypoxic areas, called "dead zones," occur naturally, hypoxia in coastal areas and inland waters is caused mainly by agricultural run-off and by discharge of industrial wastewater. More than one hundred permanent dead zones, many covering thousands of square miles, exist worldwide today.
Since reproductive success is the most critical factor in the sustainability of any species, the extent of this threat to marine life and genetic diversity can hardly be overstated. After several months in hypoxic waters, female fish produce fewer eggs. Moreover, hypoxic conditions serve to alter the normal ratio between two particular hormones manufactured during the embryonic stage when a fish's gender is determined. During gestation and under these conditions, the mother produces more testosterone (and less estradiol), which inhibits the development of female reproductive organs and other female characteristics in the embryo, while promoting the development of male traits.
The implications of declining oxygen levels extend beyond individual species to entire ecosystems. Marine biodiversity is at risk as species that cannot adapt to hypoxic conditions may face extinction, leading to a cascade of effects throughout the food web. Predators may struggle to find adequate prey, while other marine organisms, such as coral reefs, which rely on healthy fish populations for symbiotic relationships, may also deteriorate. The loss of biodiversity can disrupt ecosystem services that are essential for human communities, including fisheries, tourism, and coastal protection.- AILET BALLB (Hons.) - 2025
- Reading Comprehension
View More Questions