Question

Given below is a Statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. 

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 brake failure. The stranger suffered grievous physical injuries and nervous shock. He filed a suit to claim compensation from the truck's owner. DECISION: 

Options

• Truck owner is liable

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

• Truck driver is liable not the owner

• Neither the truck driver nor the owner is liable

Answer 1

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

Explanation:

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, a defect in the vehicle was unknown to the truck owner. So the above-stated principle holds true in this case. "Truck owner is liable" and "Truck owner is liable" both are incorrect. Refer above explanations. "Neither the truck driver nor the owner is liable" can be also assumed as true because neither driver nor owner can be sued in tort. However, we are not concerned with the driver as the case is against the owner and not the driver. Thus "Truck owner is liable" is also incorrect.