If a person is a victim of an offence under Indian Penal Code and such offence is also a tort, e.g., in the case of defamation, negligence, nuisance etc., such a person can seek remedy through.
A. Civil suit, for compensation under law of torts only
B. Criminal cases, for fixing the criminal liability on the accused under the Indian Penal Code only
C. Both (A) and (B)
D. Neither (A) nor (B)
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Defamation by spoken words or gestures is known as-
A. Innuendo
B. Slander
C. Libel
D. None of the above
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What one of the following statements is incorrect?
A. An innocent principal is not liable for the fraud of his agent
B. The general rule that employer is not liable for tort committed by the independent contractor is not applicable in cases of strict liability
C. An act is deemed to be done in the course of employment, if it is a wrongful act authorized by the master
D. An act is deemed to be done in the course of employment, if it is a wrongful and unauthorized mode of doing an act authorized by the master
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Which of the following is not an ingredient to constitute 'negligence'?
A. The defendant should have taken reasonable care towards the plaintiff independent of a legal duty
B. The defendant is under a duty to take reasonable care towards the plaintiff
C. The defendant committed breach of that duty
D. Due to the breach of duty, the plaintiff suffered damage
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The degree of cogence need not reach certainty but it must carry a high degree of probability.'
A. (1), (2), (3), (4)
B. (4), (3), (1), (2)
C. (3), (2), (1), (4)
D. (2), (3), (4), (1)
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The maxim Ubi Jus ibi remedium means:
A. Where the plaintiff has suffered damage he is entitled to remedy
B. Where there is no violation of any right, there is no damage
C. Where there is a right there is a remedy
D. Presence of a right does not necessarily mean that there is damage
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In which among the following cases malice becomes relevant to determine a person's liability in law of torts. Answer by using below:
A. (1) and (2)
B. (1) and (3)
C. (1), (2) and (3)
D. (1), (2), (3) and (4)
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The absolute liability
A. Does not recognise any exception
B. Is subject to the same exceptions as the rule of strict liability
C. Is subject to the same exceptions as the rule of vicarious liability
D. Is subject to all the general exceptions
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Under the vicarious liability, the liability is
A. Joint only
B. Several only
C. Joint & several
D. Any of the above depending on the facts & circumstances
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Nuisance means:-
A. Unlawful or unreasonable interference with a person's use or enjoyment of land or of some right over or in connection with it
B. Any interference with a person's use or enjoyment of his own property
C. Anything which annoys, hurts or that which is offensive
D. Both (A) and (C)
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Which of the following is not correct about joint wrong doers? Two persons are joint wrongdoers when
A. They act in pursuance of unlawful conspiracy
B. They commit tort in concert
C. The combined effect of their wrongful acts is the enhancement of injury
D. One acts under the authority of another
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The damages given in an action of torts which are intended to redress the lossl injury caused to the victim are called-
A. Compensatory
B. Retaliatory
C. Retributional
D. Complimentary
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Essentials of tort of nuisance excludes
A. An intention to harm
B. Unreasonable interference
C. Interference must be with the use or enjoyment of land
D. It must cause damage to the plaintiff
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A Magistrate in making a report to the superior casts an imputation on the character of a person Z in goods faith and for public good.
A. Justification
B. Fair comment
C. Absolute privilege
D. Qualified privilege
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Read the following statements and state where the principles of joint liability is applied instantly flowing from mens rea?
A. When he himself commits a crime
B. When he shares in the commission of crime
C. When he, with a view to the commission of crime, sets some third agency to work
D. When he helps the offender after commission of the crime in screening the offence
Select an option to see the answer and solution.
'Tort' which is derived from the Latin term tortum is
A. An English word
B. A French word
C. A Spanish word
D. A German word
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Slander is the publication of a defamatory statement in a
A. Transient form
B. Permanent form
C. Either transient or permanent form
D. Both transient & permanent form
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Damages is
A. The main remedy in an action for tort
B. The main remedy both in an action for the breach of contract as well as in an action for tort
C. To be decided by the court and also that in which category the case is falling
D. The main remedy in an action for the breach of contract
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Which of the following statement/statements is/are correct? Give correct answer by using the given below:
A. Only (2) and (4) are correct
B. Only (2) and (3) are correct
C. Only (1) and (3) are correct
D. Only (1) and (4) are correct
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State in which of the following cases, it amounts to nuisance?
A. Planting of trees on another's land
B. When branches of trees project on the land of the neighbour
C. Construction of pond on the land of another
D. Throwing stones on neighbour's land
Select an option to see the answer and solution.
