Which of the following is true in relation to nuisance?
A. An action for nuisance is actionable per se and no special damage need to be proved
B. It can be committed through the medium of intangible objects
C. It is direct interference with the possession of plaintiff
D. There is no interference with plaintiff's use or enjoyment of land
Select an option to see the answer and solution.
Which one of the following defences did the defendants in the case of Donoghu v. Stevenson not plead?
A. The manufacturer did not owe any duty of care towards the consumer of the ginger beer which was gifted to her by her friend
B. The plaintiff was a stranger to the contract and therefore, her action was not maintainable
C. The incident could not be prevented by the standard of foresight of the reasonable man
D. The "privity of contract policy" be applicable and there would be no liability of the manufacturer
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A street newspaper vendor is liable
A. Even if he is not aware of the defamatory contents of the newspaper he sells
B. Even if he could not have discovered the defamatory contents by reasonable diligence
C. If with a view to attract customers he shouts out the libellous matter contained in the newspaper
D. None of the above
Select an option to see the answer and solution.
Bird v. Jones, 1845 KB is a case in the law of torts which is related with the torts of
A. Assault and battery
B. False imprisonment
C. Conspiracy
D. Defamation
Select an option to see the answer and solution.
P, while travelling as a passenger was injured on account of negligence of the railways. An action lies:
A. Only for breach of contract of sage carriage
B. Only for the tort of negligence
C. For both, i.e. breach of contract and commission of tort
D. P must exercise an option to sue either in tort or for breach of contract
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Which among the following statements deals with the provision for compensation to the victim rather than dealing with the question of fault?
A. Workmen's Compensation Act, 1923
B. Motor Vehicles Act, 1988
C. Fatal Accidents Act, 1855
D. All of the above
Select an option to see the answer and solution.
Ingredients of rule of Strict liability are all, but one, of the following
A. Some dangerous thing must have been brought by a person on his land
B. The thing thus brought or kept by a person on his land must escape to the area outside the occupation and control of the defendant
C. It must be non natural use of land
D. Intention to cause harm
Select an option to see the answer and solution.
Malicious prosecution is a tort intending to protect:-
A. Against abuse of legal proceedings
B. Right of the police to prosecute the criminal
C. The accused against police excesses
D. The police against civil proceedings against it
Select an option to see the answer and solution.
Consider the following statements:
1. To bring an action for damages in respect of a public nuisance by a private individual, the injury must be direct and not merely consequential
2. Private nuisance may be with respect to property or personal physical discomfort.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Select an option to see the answer and solution.
Match the principles mentioned in
List I with the associated cases in
List II and select the correct answer from the given below:
List I
List II
a. Neighborhood Rule
1. Greenock Corp. v. Caledonian Rly.
b. Volenti non fit injuria
2. Donoghue v. Stevenson
c. Vis major
3. Achutrao Haribhau Khowda v. State of Maharashtra
d. Res ipsa loquitur
4. Smith v. Charles Baker and Sons
A. a-4, b-3, c-2, d-1
B. a-3, b-1, c-2, d-4
C. a-1, b-3, c-4, d-2
D. a-2, b-4, c-1, d-3
Select an option to see the answer and solution.
X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X's) office, it hit a pedestrian P on account of Y's negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct regarding the above?
A. X is not liable as it was the negligence of Y
B. The liability was solely of Y as X was not accompanying him
C. As Y was driving under X's care and authority, X is liable
D. X is not liable under the principle of inevitable accident
Select an option to see the answer and solution.
Match
List-I and
List-II and select the correct answer by using the below the Lists:
List I
List II
a. Consent
1. Nichols v. Marsland
b. Inevitable Accident
2. Vaughan v. Taff Valde Rail Co.
c. Act of God
3. Holmes v. Mather
d. Statutory Authority
4. Hall v. Brookland Auto Racing Club
A. a-4, b-1, c-2, d-3
B. a-4, b-3, c-1, d-2
C. a-3, b-2, c-1, d-4
D. a-2, b-3, c-4, d-1
Select an option to see the answer and solution.
Heat constitutes-
A. Public nuisance
B. Private nuisance
C. Any of (A) or (B)
D. None of the above
Select an option to see the answer and solution.
Which one of the following is not correct?
A. In tort, damages are unliquidated but is breach of contract, they are liquidated
B. The duty in tort is primarily fixed by the law but in a contract the same IS created by, parties themselves
C. Proof of malice is generally necessary for an action in tort while it is not relevant in case of breach of contract
D. In tort, the duty is towards persons generally, while in contract the same is towards the parties to the agreement
Select an option to see the answer and solution.
Action for defamation can be brought by
A. An individual
B. A partnership firm
C. A company
D. Both (A) and (C)
Select an option to see the answer and solution.
A and B, unknown to D, sought and got a lift in D's car, but on account of some mechanical defect in the car, of which D was not aware, one of the front wheels of the car got detached and flew away and the car turned turtle. A and B suffered serious injuries and later A, died of his injuries. B and A's next of kin sued D for damages for negligent driving. What defence does D have?
A. Valenti non fit injuria
B. Contributory negligence
C. Inevitable accident
D. No responsibility towards A and B, who got a free lift
Select an option to see the answer and solution.
A' authorises 'B' to buy 500 cows for him. 'B' buys 500 cows and 300 calves for one sum of Rs. 50,000. 'A' is liable to pay
A. The entire sum
B. Half of the sum
C. Not liable to pay any sum
D. None of these
Select an option to see the answer and solution.
In which on the following cases is the occupier liable for negligence?
A. Keeping a watchdog which has the habit of biting men
B. Fixing broken glass pieces on the top of a wall
C. Setting spring guns in the premises to prevent trespassers
D. Construction a compound wall to prevent trespassers
Select an option to see the answer and solution.
Whether for a wrong both tortious and criminal liability may arise?
A. Only tortious liability may arise
B. Only criminal liability may arise
C. Both the liabilities may arise
D. None of the above
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The two rules (i) General Damages and (ii) Special Damages were propounded for the first time in
A. Carlill v. Carbolic Smoke Ball Co
B. Hadley v. Baxendale
C. Victoria Laundry Ltd. v. Newman Industries Ltd.
D. Hobbs v. L. and S. W. Rly.
Select an option to see the answer and solution.