Comprehension

The questions are to be answered on the basis of what is stated or implied in the passage. Choose the most appropriate response that accurately and completely answer the question.
Along with the evolution of the family unit, society has willingly accepted the premise that parents have absolute power over their un-emancipated children. In ancient times, parental authority was unconditional and parents were granted the power of life and death over their minor children. As late as the eighteenth century, Americans recognized a parent’s right to unquestioned authority and by the late nineteenth century, the American courts developed the doctrine of parent-child tort immunity. The doctrine was designed to exempt parents from personal liability for tortious acts they committed against their minor child. A parent is immune from a tort suit brought by his child if the suit is for negligence and the minor child is not self-supporting. Also it is to be noted that parents are not immune from suits for intentional torts.

Question: 1

Scenario A: Son a 12 year old sues his father for the burn which happened while the father was negligently pouring hot liquid in the kitchen
Scenario B: Son a 10 year old sues his father for battery,an intentional tort as the father knocked son’s baseball cap off his head because the son was struck out in the last inning of a Little League game.
Which of the following is the correct observation ?

Updated On: Aug 4, 2024
  • In both the scenario A and B the father is immune
  • In both the scenario A and B the father is not immune
  • In scenario A, the father is immune and in scenario B, the father is not immune
  • In scenario A, the father is not immune and in scenario B, the father is immune
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The Correct Option is C

Solution and Explanation

The correct option is (C): In scenario A, the father is immune and in scenario B, the father is not immune.
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Question: 2

Scenario A : Daughter a 24 year old, who lives at home sues her father for assault, an intentional tort as the father brandishing a tennis racket at her after she lost the game in a local tennis tournament.
Scenario B : Son a 24 year old, who is married and a businessman, sues his father for negligently burning him in the kitchen.
Which of the following is the correct observation ?

Updated On: Aug 4, 2024
  • In both the scenario A and B the father is immune
  • In both the scenario A and B the father is not immune
  • In scenario A, the father is immune and in scenario B, the father is not immune
  • In scenario A, the father is not immune and in scenario B, the father is immune
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The Correct Option is B

Solution and Explanation

The correct option is (B): In both the scenario A and B the father is not immune.
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Question: 3

Scenario A: Son a 19 year old, who is a high school student and lives at home sues his father for negligence as the father had negligently driven his car into him while he was riding his bicycle.
Scenario B: Daughter a 19 year old, who is an unmarried, self supporting part time college student living at home sues her father for negligence as he had ridden his bicycle into her while she was gardening.
Which of the following is the correct observation ?

Updated On: Aug 4, 2024
  • In both the scenario A and B the father is immune
  • In both the scenario A and B the father is not immune
  • In scenario A, the father is immune and in scenario B, the father is not immune
  • In scenario A, the father is not immune and in scenario B, the father is immune
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The Correct Option is C

Solution and Explanation

The correct option is (C): In scenario A, the father is immune and in scenario B, the father is not immune.
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Question: 4

Scenario A : Daughter a 20 year old, who is married and lives in another city sues her father for negligence for stumbling against her and pushing her against the hot pottery she had just removed from her kiln.
Scenario B : A minor daughter, who was married but separated from her husband and had returned to her mother’s home, sues her mother’s estate for wrongful confinement to an insane asylum.
Which of the following is the correct observation ?

Updated On: Aug 4, 2024
  • In both the scenario A and B there is parental immunity
  • In both the scenario A and B there is no parental immunity
  • In scenario A, there is parental immunity and in scenario B, there is no parental immunity
  • In scenario A, there is no parental immunity and in scenario B, there is parental immunity
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The Correct Option is D

Solution and Explanation

The correct option is (D): In scenario A, there is no parental immunity and in scenario B, there is parental immunity.
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Question: 5

For granting parental immunity for a tort which of the following factor/s is/are relevant ?

Updated On: Aug 4, 2024
  • Age of the child
  • Nature of tort
  • Parental dependency of the child
  • All the above
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The Correct Option is D

Solution and Explanation

The correct option is (D): All the above.
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