Qui facit per alium facit per se, a maxim in law of tort, is related with which act of tort?
A. Capacity to sue
B. Negligence
C. Vicarious liability
D. Defamation
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The defendant Board had the statutory power to repair sea walls but was under no duty to do so. A high tide broke the sea wall and flooded the plaintiff's land. The Board sent an inexperienced man with poor equipment and the repair work took almost six months to complete. It was proved that with reasonable skill it could have been completed in about two weeks. The defendant is:
A. Liable in negligence as they should have sent an experienced man with proper equipment to do the work
B. Not liable in negligence as they have done whatever they could have done under the circumstances
C. Liable in negligence as they had a legal duty to take care towards the plaintiff and committed its breach
D. Not liable in negligence as they owed no legal duty to take care towards the plaintiff
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Who coined the term 'Compensatory Discrimination'?
A. Prof. P. N. Singh
B. Prof. Marc Galanter
C. Prof. Upendra Baxi
D. Justice Krishna Iyer
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In case of joint tort feasors
A. The cause of action is only one & indivisible
B. The cause of action is only one but divisible
C. The cause of action is more than one & divisible
D. The cause of action is more than one but connected
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Master is not vicariously liable for the tort of his
A. Servant
B. Agent
C. Independent contractor
D. Employee
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Which one of the following cases is not an instance of Damnun Sine Injuria?
A. Moghal Steamship Co. v. Mcgregor Gow and Co.
B. Dickson v. Reuters Telegraph Co.
C. Bradford Corporation v. Pickles
D. Ashby v. White
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Consider the following statements:
1. In tort, the duty is towards specific person
2. The nature of the wrong is similar in tort and crime
3. In tort, the duty is primarily fixed by the parties
4. The general remedy in tort is an action for injunction
Which of the above statements is/are correct?
A. 3 and 4
B. 1 and 4
C. 2 alone
D. None of these
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Identify the incorrect statement
A. Law of Torts talks about civil wrongs
B. In the case of a civil wrong, courts of law have recognized the wrong as compensable one
C. In a case of tort, it is the victim who initiates tortuous liability against the wrong-doer and not against the state
D. In tort related cases, punitive damages are never awarded because the purpose is not to punish the wrong-doer
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Who gave the 'Pigeon-hole' theory in defining tort?
A. Austin
B. Heuston
C. Salmond
D. Winfield
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Tort of defamation is divided into libel and slander in
A. English Law only
B. Indian Law only
C. Both Indian Law and English Law
D. None of the above
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Consider the following statements in regard to institute a case of malicious prosecution:
1. The proceeding must have been instituted by the defendant.
2. The proceeding must have terminated in favour of the defendant.
3. The defendant must have acted without reasonable and probable cause.
4. The defendant must have acted maliciously.
Which of the statements given above are correct?
A. 1, 2 and 3
B. 1, 3 and 4
C. 2, 3 and 4
D. 1, 2 and 4
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Which one of the following statement is correct?
For the tort of false imprisonment
A. The plaintiff must be restrained from moving to any direction
B. The plaintiff must be restrained to move in particular direction
C. The fact of imprisonment must be known to the plaintiff
D. The imprisonment must be for a considerable period
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The maxim 'injuria sine damno' has been explained in
A. Danoghere v. Stevenson
B. Winterbottom v. Wright
C. Ashby v. White
D. Lumley v. Gye
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The doctrine of vicarious liability applies when there is a
A. Relationship of principal & agent
B. Relationship of partners
C. Relationship of master & servant
D. All the above
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An accident is 'one out of ordinary' course of things, something so unusual as not to be looked for by a person of ordinary prudence', is said to be
A. Negligence
B. Inevitable Accident
C. Act of God
D. Damnum sine injuria
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The case Ashby v. White recognized the principles of Ubi jus ibi remedium. It followed:-
A. Winfield's theory
B. Salmond's theory
C. Both (A) and (B)
D. None of these
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The specialized defences to an action for defamation are
A. Truth, absence of motive, fair comment
B. Truth, absence of motive, privileges
C. Justification, Fair comment and privileges
D. Privileges, statutory authority, fair comment
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While dealing with the liability of an enterprise engaged in inherently dangerous activity, the Supreme Court laid down the rule of 'absolute liability' in-
A. Jailakshmi Salt Works Pvt. Ltd. v. State of Gujarat
B. N. Nagendra Rao v. State of Andhra Pradesh
C. M. C. Mehta v. Union of India
D. Jacob Mathew v. State of Punjab
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Which out of the following persons is an exception who cannot sue for tort?
A. An alien enemy
B. Husband and wife
C. A child in mothers womb
D. A Govt. servant
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Which of the following is true about the test of directness to determine remoteness of damage?
A. If some harm is foreseeable, the defendant is liable for all direct consequences of his act, even if the actual damage is of a different kind than what was foreseeable
B. If some harm is foreseeable, the defendant is liable for all direct consequences of his act, only if the actual damage is of the same kind as was foreseeable
C. The defendant is liable for all direct consequences of his act
D. The defendant is liable only for those consequences that are foreseeable by a reasonable man
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