During the scarcity of potatoes, long queues were made outside the defendant's shop who having a licence to sell fruits and vegetables used to sell only 1 kg of potatoes per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought an action for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?
A. The defendant is liable for nuisance
B. The defendant is not liable for nuisance
C. The plaintiffs suit should be decreed in their favour
D. The defendant is liable to pay damages to the plaintiffs
Select an option to see the answer and solution.
In India, the law of tort is
A. Codified
B. In the process of codification
C. Mainly based on judicial decision
D. Not applied now
Select an option to see the answer and solution.
Gloucester Grammer School case explains
A. Injuria sine damno
B. Damnum sine injuria
C. Respondents superior
D. Remoteness of damages
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Which of the following is not an element in establishing a case in libel?
A. Publication
B. A defamatory statement
C. A section of the public who know less of the plaintiff
D. Reference to the plaintiff
Select an option to see the answer and solution.
The Rule of 'res ipsa loquitur' is related to the tort of:
A. Negligence
B. False Imprisonment
C. Defamation
D. Malicious Prosecution
Select an option to see the answer and solution.
The case of Ratlam Municipality v. Virdhichand is related to
A. Conspiracy
B. Malicious prosecution
C. Tortuous liability of Municipal Corporation
D. None of the above
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Which of the following is not an exception to the principle of strict liability?
A. Intention of the defendant
B. Act of God
C. Plaintiff's consent
D. Plaintiff's fault
Select an option to see the answer and solution.
The meaning of the maxim 'Ubi jus ibi remedium' is:-
A. To hurt nobody by word or deed
B. Where there is a right there is a remedy
C. Infringement of a legal right without damage
D. None of the above
Select an option to see the answer and solution.
Which one of the following statements is correct?
When the act of defendant falls in tort and breach of contract, the defendant may be sued
A. Either in tort or breach of contract
B. Both in tort and breach of contract
C. In tort only
D. In breach of contract only
Select an option to see the answer and solution.
Which one of the following statements is correct?
All persons are joint tort-feasors,
A. Who did or join in the commission of a wrongful act
B. Whose acts result in one damage
C. Who committed one and the same act
D. Who encouraged others to commit wrongful act
Select an option to see the answer and solution.
Which one of the following wrongs are covered both under the criminal law and law of torts
A. Murder
B. Defamation
C. Cheating
D. Theft
Select an option to see the answer and solution.
Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the poling booth at about 7:30 am, to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find any thing against him. By the time Reddy reached the poling booth the polling time was over and he could not vote for Mr. Naik. When the results were declared Mr. Naik got a Majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.
A. Reddy will succeed as the police could not prove anything against him
B. Reddy will succeed as his right to vote was denied by the police
C. Reddy will not succeed as his candidate won the election and therefore there is no cause of action against the police
D. Reddy will not succeed as the police can arrest a suspected criminal
Select an option to see the answer and solution.
The 'neighbor' principle was laid down in the landmark case of
A. Ashby v. White
B. Donoghue v. Stevenson
C. Rylands v. Fletcher
D. None of the above
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The rule of strict liability is based on the decision in the case of
A. Champman v. Pickersgill
B. Donogue v. Stevenson
C. Lurnley v. Gye
D. Rylands v. Fletcher
Select an option to see the answer and solution.
Which one of the following is a leading case on 'Injuria Sine Damnum'?
A. Rylands v. Fletcher
B. Ashby v. White
C. Donougue v. Stevension
D. All of the Above
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Which of the following is correct
A. The defence of absolute privilege is available even though the statement is false or malicious
B. The qualified privilege as a defence is available if the statement is made without malice
C. The defence of qualified privilege is available if there is an occasion for making the statement
D. All the above
Select an option to see the answer and solution.
Which one of the following constitutes an example of joint tort feasors?
A. Master and Servant
B. Principal and Agent
C. Partners of a firm
D. All of these
Select an option to see the answer and solution.
Which of the following tort is not related to nuisance based on 'Physical discomfort' or interference with another's health and safety?
A. Obstruction of light
B. Injury to property
C. Noise pollution
D. Pollution of water and air
Select an option to see the answer and solution.
The writ of habeas corpus for procuring the release of a person wrongfully detained is issued by
A. The High Court
B. The Supreme Court
C. Both the Supreme Court and the High Court
D. The Sessions Court
Select an option to see the answer and solution.
"A person cannot complain of harm which he has exposed himself, with knowledge and free will" refers to
A. Valenti non fit injuria
B. Act of God
C. Inevitable accident
D. Ex turpi causa non oritur actio
Select an option to see the answer and solution.