Which one of the following is not an exception to the rule of volenti non fit injuria?
A. Surgeon amputates a limb of a patient to save his life
B. Injury is caused while play fighting with naked swords at a religious function
C. Injury is caused to a player in football match
D. Injury is caused while doing lawful acts under contract
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Rule of strict liability implies
A. No fault liability
B. Liability based on fault
C. Liability of the state
D. Absolute liability
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Principle: Negligence as a tort is the breach of a legal duty to take care which resulted in damage, undesired by the defendant, to the plaintiff.
Facts: Plaintiff slipped into a pit filled with rain water. While slipping he caught hold of a nearby electricity pole to avert the fall. Due to leakage of electricity in the pole, he was electrocuted. Can the Electricity Board be held liable?
A. No. Electricity Board has no knowledge of leakage of electricity in the pole
B. Yes. It is the duty of Electricity Board to take care that there is no leakage of electricity in the pole
C. No. Plaintiff caught hold of the pole on a rainy day
D. Yes. Electricity Board should take care that there is no pit near the electric pole
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A, without any provocation, makes a false statement in a gathering that B is suffering from AIDS. Here A is:
A. Not liable because there is no defamation
B. Not liable because defence of privilege is available to him
C. Liable because it is a slander actionable per se
D. Liable because the statement has been made in B's presence
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The offence of "public nuisance" is punishable under
A. Criminal law or criminal proceeding
B. Civil law or civil proceeding
C. Provisions of constitution
D. Administrative Law of State
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The maxim ex turpi causa non oritur action implies & means
A. From an immoral cause also action arises
B. From an immoral cause no action arises
C. Morality and immorality is of no significance in an action for tort
D. Both (A) and (C)
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In which case the following observation was made by Justice Hankford: "Damnum may be abseque injuria, as if I have a mill and my neighbour builds another mill whereby the profit of my mill is diminished. I shall have no action against him, although I am damaged . . . . . . . . but if a miller disturbs the water from going to my mill, or does any nuisance of the like sort, I shall have such action as the law gives".
A. Gloucester v. Grammer School case
B. Ashby v. White case
C. Chesmore v. Richards case
D. Dickson v. Reutirs Telegram Company case
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In an action for trespass by possessor, the defendant
A. Can take the defence of jus-terti
B. Cannot take the defence of jus-terti
C. May take the defence of jus-terti
D. Both (A) and (C) are correct
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The maxim 'res-ipsa loquitur' is a
A. Rule of law
B. Rule of procedure
C. Rule of evidence
D. Rule of negligence
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X' and 'Y' are on a morning walk with their dogs. 'Y's dog is ferocious. 'Z' is also on a morning walk. The dogs, of 'X' and 'Y' suddenly start fighting and approach 'Z'. Frightened by the dogs, 'Z' tries to step a side and is injured in the process. Consequently:
A. 'Z' can file a suit only against 'X' along as his dog started the light
B. 'Z' can file a suit only against 'Y' as his dog was more ferocious
C. 'Z' can file a suit either against 'Y' or against 'X'
D. 'Z' cannot file a suit against either 'X' or 'Y'
Select an option to see the answer and solution.
In case of damage caused by escape of ferocious animals the person having control will be liable for any damage caused:
A. Only on proof of negligence
B. Even without proof of negligence
C. Only on proof of malice
D. On proof of animal's nature
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Assertion (A): A defamatory talking film is a libel.
Reason (R): A photographic part of a film is a permanent matter to be seen by the eyes.
A. Both A and R are true and R is the correct explanation of A
B. Both A and R are true but R is not a correct explanation of A
C. A is true but R is false
D. A is false but R is true
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Non-pecuniary loss includes the following heads of damage:
A. Pain and suffering, loss of amenities and loss of expectation of life
B. Mental shock and agony, loss of limbs and loss of amenities
C. Health decay, loss of comforts and happiness
D. Welfare, well-being of children and health
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Mogul Steamship Co. v. McGregor, Gow and Co. (1892) AC 25 belongs to which of the following maxims?
A. Volenti non fit injuria
B. Injuria sine damnum
C. Damnum sine injuria
D. Ubi jus ibi remedium
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Special damage has got to be proved in an action for
A. Trespass
B. False imprisonment
C. Nuisance
D. None of the above
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Which of the following tort is an exception to the rule of irrelevance of motive in the law of Torts?
A. Malicious prosecution
B. Nuisance
C. Conspiracy
D. All of the above
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Ineffectual/invalid defence or in an action for nuisance
A. Nuisance due to the act of others
B. For public good
C. Use of reasonable care
D. All the above
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Electricity constitutes
A. Private nuisance
B. Any nuisance
C. Public nuisance
D. None of the above
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Injuria Sine Damnum relates to cases where there is:
A. An invasion of an absolute private right
B. An invasion of a public right
C. A violation of a legal right
D. A legally authorized act resulting in injury
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Contributory negligence is a:
A. Tort
B. Crime
C. Defence
D. Right
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