Which one of the following is a valid defence in tort of nuisance?
A. The plaintiff has himself come to the area of nuisance
B. The defendant is doing a useful activity
C. The nuisance is being caused by many other also
D. The defendant is engaged in the activity for twenty years
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Which one of the followingis correct?
A. Damages can be dispensed with in tort
B. A remedy by way of damages is an essential ingredient of tort
C. When other remedies are provided by a statute, damages cannot be awarded in tort
D. Damages can be awarded only corporeal object
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The unlawful with a person use or enjoyment of land or of some right over or in connection with it, is a tort of
A. Defamation
B. Negligence
C. Nuisance
D. Strict liability
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What does tort of negligence mean?
A. Doing an act by failing to take reasonable care which a prudent man would take in similar circumstances
B. Doing an act with intention to cause harm to others
C. Doing an act without displaying mental alertness
D. Doing an act with forgetfulness
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Which of the following is not actionable as a tort of defamation
A. Hasty expression spoken in anger or vulgar abuses
B. Words which injure the feelings or cause annoyance but not reflecting on the character
C. Both (A) and (B)
D. Neither (A) nor (B)
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Which one of the following is true about Latin Maxim 'Ubi Jus fbi remedium'?
A. Where there is right, there is remedy
B. Where there is remedy, there is right
C. Both (A) and (B)
D. None of the above
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Which of the following is a characteristic for action of tort between parties?
A. Meeting of mind
B. Violation of right in personam
C. Existence of privity
D. Violation of right in rem
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In vicarious liability
A. The liability of the Union of India and States is the same as that of East-India Company
B. The Government is liable for the torts committed by its servants in exercise of sovereign powers
C. Both (A) and (B) are correct
D. Neither (A) nor (B) is correct
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Rule of Common Employment' is an exception under the law of torts for
A. Personal liability
B. Vicarious liability of master for his servant
C. Strict liability
D. Absolute liability
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Holback Hotel Ltd. v. Scarborough Borough Council is a leading case on
A. Negligence
B. Nuisance
C. Trespass
D. Defamation
Select an option to see the answer and solution.
Rule laid down in Rylands v. Fletcher is known as:
A. Absolute liability rule
B. Scienter action rule
C. Strict liability rule
D. Fault liability rule
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In the tort of conspiracy two or more persons combine without lawful justification?
A. To obtain benefit for themselves
B. To violate legal right of the victim
C. To willfully causing damage to the victim
D. To protect their own interest
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Consider the following statements:
For vicarious liability, there must be:
1. Relationship of master and servant
2. No control of master on the manner of doing the work.
3. Tort committed in the course of employment.
4. Master's control on the manner of doing the work.
Which of the statements given above are correct?
A. 1, 2 and 3
B. 2, 3 and 4
C. 1, 3 and 4
D. 1, 2 and 4
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Which one of the following statements illustrates the principle of contributory negligence?
A. The plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant
B. To be guilty of contributory negligence, the plaintiff should have acted like a prudent man
C. A person who comes to court must come with clean hands
D. The plaintiff's negligence means breach of duty towards defendant
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Which one of the following is not correct
A. In tort and crime the duty is fixed by law while in contract the duty is fixed by the parties themselves
B. Rights and duties are in rem in tort and crime while in contract they are in personum
C. Tort and breach of contract are private wrongs while crime is a public wrong
D. In tort, and breach of contract actual damages must occur while in crime it is not necessary
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A' is the owner of a furniture shop and 'B' is employed in that shop as a delivery-man. In which of the following cases, 'A' would be liable in a suit filed by the injured plaintiff 'C' for the action of 'B'?
Case 1. One day, 'B' was on his delivery route when he met his friend 'D'. 'D' requested 'B' to drop him at the railway station as he was getting late for the train. 'B' drove very fast and while returning back from the railway station, 'B' negligently ran over 'C'.
Case 2. One day, 'B' was on his delivery route when he met 'D'. As both had met after long time, 'B' decided to have lunch with his friend 'D'. 'B' drove out of his way to a nearby restaurant and had lunch there. While driving back from there, 'B' negligently ran over 'C'.
A. 'A' is liable in both cases
B. 'A' is not at all liable
C. 'A' is liable only in Case 1
D. 'A' is liable only in Case 2
Select an option to see the answer and solution.
Vicarious liability of master arises
A. In case of theft of property of a third person bailed to the master
B. In case of theft of property of a third person not bailed to the master
C. Neither (A) nor (B) as the act of committing theft is not covered
D. Both (A) and (B) as it makes no difference whether the goods are bailed or not bailed to the master
Select an option to see the answer and solution.
Which one is leading case on Strict Liability?
A. Alen v. Flood
B. Rylands v. Fletcher
C. Borhil v. Young
D. Donougue v. Stevension
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A civil wrong committed except where the words are also blasphemous, seditious, obscene or amount to a contempt of Court is called
A. Libel
B. Defamation
C. Battery
D. Slander
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In the Law of Torts, nominal damages are awarded
A. As a compensation for nominal injury
B. For the recognition of legal right
C. For the recognition of human sufferings
D. As a compensation for damages
Select an option to see the answer and solution.