Tort is a civil wrong
A. It is indistinguishable from contract
B. It is partly distinguishable from contract
C. It is other than mere breach of contract
D. It is none of these
Select an option to see the answer and solution.
Shock must be such as arises from reasonable fear of immediate personal injury to oneself was held in
A. Mrs. Dulieu v. White & Sons
B. Mrs. Hambraak v. Stokes Bros
C. Baurhill v. Young
D. Wilkinson v. Doumton
Select an option to see the answer and solution.
'Distress damage feasant' means
A. Right to detain the things until compensation is paid
B. Right to get the compensation when there is infringement of legal right
C. Right to get compensation will extinguish when death of the party caused
D. None of the above
Select an option to see the answer and solution.
Nuisance' as a tort was defined as "unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it" by
A. Winfield
B. Salmond
C. Pollock
D. Underhill
Select an option to see the answer and solution.
A building was erected by the defendant which caused diminution of light to two ground floor windows of the plaintiffs house. Subsequently electric lights were always needed in the place. An action for damages can be brought on the ground:
A. Public nuisance
B. Private nuisance
C. Negligence
D. Strict liability
Select an option to see the answer and solution.
Maxim 'Damnum sine injuria' means
A. Damage without infringement of legal right
B. Damage with infringement of legal right
C. Infrigement of legal right without damage
D. Infrmgement of legal right with damage
Select an option to see the answer and solution.
The rule of strict liability is applicable
A. In England only
B. In India only
C. In England and India both
D. Neither in England nor in India
Select an option to see the answer and solution.
The Supreme Court in which of the following case held that where pregnancy occures despite of sterilisation operation, compensation can be awarded only if failure of operation is attributable to the negligence of doctor and failure due to natural causes do not provided ground for claiming compensation.
A. Satyavir Singh v. State of Uttar Pradesh, (2010) 3 SCC 174
B. Shilpa Agarwal v. Aviral Mittal, (2010) 3 SCC 169
C. State of Punjab v. Shiv Ram, AIR 2005 SC 3280
D. None of the above
Select an option to see the answer and solution.
After flood, floor of a factory became slippery as some oily substance got mixed with water. The owners of the factory (defendants) took steps to get rid of the effects of flood and spread all the sawdust available with them on floor. But some oily patches remained uncovered due to lack of further supply of sawdust. A, a worker in the factory (plaintiff), slipped from one of such oily patches. He sues the defendants for damages. Which of the following is correct?
A. Defendants are not guilty of negligence
B. Defendants are negligent as they should have closed down the factory until risk disappeared
C. Plaintiff is guilty of contributory negligence
D. Defendants have defence of valenti non fit injuria
Select an option to see the answer and solution.
Which of the following is breach of absolute right, actionable per se?
A. Nuisance
B. Negligence
C. Trespass
D. None of the above
Select an option to see the answer and solution.
Which of the following is a better definition of tort? Tort is a
A. Civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortuous act
B. Social wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the wrong
C. Breach of liberty that causes someone else to suffer loss or harm resulting in legal liability
D. Actionable claim against a person for causing harm
Select an option to see the answer and solution.
Which of the following defences are available to an action for defamation?
A. Justification or truth, fair comments as well as privilege, which may be either absolute or qualified
B. Fair comments
C. Jurisdiction or truth
D. Privilege, which may be either absolute or qualified
Select an option to see the answer and solution.
While D was on a drive in his two horse carriage, a dog barked and pounced on the horses, thereby the horses got scared and became unmanageable and injured P, a pedestrian. P sued D. What defence is available to P?
A. Contributory negligence
B. Inevitable accident
C. Vis major
D. No defence is available as D was negligent
Select an option to see the answer and solution.
For the defence of Volenti non fit injuria' all, but one, should be proved concurrently
A. That the plaintiff had knowledge of the risk
B. The he fully appreciated the risk
C. That he freely and voluntarily accepted the risk
D. The act causing the harm must go beyond the limit of what has been consented
Select an option to see the answer and solution.
A civil action for trespass to real property is sustainable
A. If there is wrongful entry into property of another
B. Only if the wrongful entry into the property of another is with violence
C. Only if the wrongful entry into the property of another is accompanied with theft
D. Only if the wrongful entry into the property of another is with criminal intention
Select an option to see the answer and solution.
The nature of joint tort feasors liability is
A. Joint
B. Several
C. Joint and Several
D. Joint but not several
Select an option to see the answer and solution.
The rule of strict liability is contained in
A. Danoghue v. Stevenson
B. Rylands v. Fletcher
C. Lloyd v. Grace, Smith & Co.
D. Ormord v. Orosville Motors Service Ltd.
Select an option to see the answer and solution.
For the tort of defamation, the presence of malice destroys
A. The defence of qualified privilege
B. The defence of absolute privilege
C. The defence of both absolute and qualified privileges
D. The defence of neither absolute privilege nor qualified privilege
Select an option to see the answer and solution.
The primary aims of the law of damages is to:
A. Punish the party who has committed the breach of contract
B. Enrich the party who sustained the loss
C. Place the party who sustained the loss in the same position as if the contract has been performed
D. Give some type of compensation
Select an option to see the answer and solution.
Test of directness for determining the remoteness of damage has been applied in
A. Re Palemis and Furness Withy and Co. Ltd.
B. Overseas Tankship (U.K.) Ltd. v. Morts Dock and Engg. Co. Ltd.(Wagon Mound No.1 Case)
C. Hughes v. Lord Advocate
D. Doughty v. Turner Manufacturing Co. Ltd.
Select an option to see the answer and solution.