Question

Principle There is no liability in tort in cases of inevitable accidents.
Factual Situation A stranger takes lift in truck. The truck later meets with an accident due to break failure. The stranger suffered grievous physical injuries and nervous shock. He filed a suit to claim compensation from the truck's owner.
Decision

• A. Truck owner is liable
• B. Truck owner is not liable because it is an inevitable accident and defect in truck was not apparent
• C. Truck owner is liable not the owner
• D. Neither the truck nor the owner is liable

Answer 1

Answer: (B)

Truck owner is not liable because it is an inevitable accident and defect in truck was not apparent

The truck owner is not liable in tort as facts of the case state that accident happened due to inevitable circumstances and there was no malicious intention or planning ; further an defect in the vehicle was unknown to the truck owner. So the above stated principle holds true in this case.
Option (a) and option (c) both are incorrect. Refer above explanations.