Defamation is a tort which is related with the
A. Trespass
B. Nuisance
C. Negligence
D. Reputation
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The constitute a tort
A. There must be some act or omission on the part of the defendant
B. The act must result in violation of legal right of the plaintiff
C. There must be a legal duty on the part of the defendant
D. Both (A) and (B)
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Ubi jus ibi remedium means:
A. Every law provides for remedies
B. There is no wrong without a remedy
C. If a law is made corresponding remedy also must, be made
D. Every remedy presupposes some injury to some body
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In India, the scope of the doctrine of common employment was restricted by
A. The Indian Employers' Liability Act, 1938
B. The Workmen's Compensation Act, 1923
C. The Employees' State Insurance Act, 1948
D. All the above
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B' asked his friend 'C' to drive his (B's) car, 'C' drives and causes an accident with another car of 'D' in an action brought by D
A. B alone is liable as 'C' was acting under his direction
B. B' is not at all liable as 'C' is not his servant
C. C' is not liable as he was driving the car at 'B's instructions
D. B' & 'C' both are liable by the rule of vicarious liability
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In which of the following landmark decisions of Supreme Court, compensation was awarded as per common law principle of trespass to person against a medical professional?
A. Spring Meadows Hospital v. Harjol Ahluwalia
B. Dr. Pinnamaneni Narasimha Rao v. Gundavarau Jayaprakasu
C. Samira Kohli v. Dr. Prabha Manchanda
D. Martin F. D'Souza v. Mohd. Ishfaq
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One of the remedies for false imprisonment is:
A. Mandamus
B. Habeas Corpus
C. Quo Warranto
D. Ceriorari
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Which of the following defences is available in tort of negligence?
A. Statutory authority
B. Act of God
C. Volenti non fit injuria
D. All of the above
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A nine year old boy bought petrol in a Can from the defendant, a petrol dealer by falsely stating that his mother needed it for her car. In fact, he used it to play with it, and, in doing so, sustained bum injuries. The defendant is:
A. Liable in negligence for supplying petrol to so young a boy who was not expected to know the properties of petrol
B. Not liable in negligence as the boy had made a false statement and the defendant believed it to be true
C. There was contributory negligence of the boy, therefore defendant is not liable
D. Not liable in negligence because possession of the Can and money proved that boy acted as a reasonable person
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Consider the following statements:
In an action for malicious prosecution, the plaintiff must prove that the
1. Plaintiff was prosecuted by the defendant.
2. Prosecution ended in the plaintiffs favour.
3. Defendant acted without reasonable and probable cause.
Which of the statements given above are correct?
A. 1 and 2
B. 2 and 3
C. 1 and 3
D. 1, 2 and 3
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Which one of the following is not an instance of Injuria Sine Damnum?
A. Ashby v. White
B. Marzetti v. Williams
C. Moghal Steamship v. McGregor Gow
D. Bhim Singh v. State of Jammu and Kashmir
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The window panels of a building belonging to the defendant, which was by the side of a highway, had been broken one Friday in an air-raid. The plaintiff was injured by a glass falling from the window the next Thursday by which time no repairs had been got done by the defendant. In this case, which one of the following is correct?
A. The defendant is liable for negligence
B. The defendant is liable for nuisance
C. The defendant is not liable either of nuisance or of negligence
D. The defendant would get the defence of inevitable accident
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The driver of a bus belonging to the defendant permitted the conductor to drive the bus. The conductor drove negligently causing accident resulting in injuries to the plaintiff. The defendant would be:
A. Liable because as master of the conductor the defendant would be vicariously liable for the conductor's negligence
B. Not liable because the driver by permitting the conductor to drive had done an unauthorised act for which his master the defendant, could not be held liable
C. Liable because permission given by driver to the conductors to driver was a negligent act of the driver for which his master, the defendant, would be liable
D. Not liable because the driver by not driving and the conductor by driving were both acting unauthorisedly for which their master, the defendant, could not be held liable
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In law of torts 'neighbours rule' mean
A. When a property is being sold neighbour has a first right to purchase
B. Even in the absence of a contract, the person, whose actions harm another, is liable
C. The person, whose actions harm another, is liable, only if there is contract between them
D. The person, whose actions harm another, is liable, only if the person intended to harm another
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There is 'publication' when
A. A defamatory letter is sent to the plaintiff
B. A butler opens and reads a sealed letter meant for his employer
C. The defamatory matter is contained in a telegram or postcard
D. None of the above
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Consider the following statements:
Contract can be avoided if the consent is obtained under:
1. Mistake of law
2. Mistake of fact
3. Coercion.
4. Undue influence
Which of the statements given above are correct?
A. 1, 2 and 3
B. 2, 3 and 4
C. 1, 3 and 4
D. 2 and 4
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When the defendant by his act creates an apprehension in the mind of the plaintiff that he is going to commit battery against the plaintiff:
A. The wrong of assault is completed
B. No wrong is committed
C. The wrong of assault is not completed
D. The wrong of assault may be completed
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Assertion (A): The liability for negligence is based upon a general public sentiment of moral wrong doing for which the offender must pay.
Reason (R): On breach of duty towards the plaintiff to take care that results in damage, the plaintiff can sue for damages for negligence.
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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The element of malice
A. Is essential in all torts
B. Is not essential in any tort
C. Is essential in the torts of defamation and malicious prosecution
D. None of the above
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Which one of the following is the correct statement?
In an action for malicious prosecution plaintiff need not prove that:
A. He was prosecuted by the defendant without any reasonable or probable cause
B. The proceedings terminated in his favour
C. Total restraints were put on his liberty
D. He has suffered damage to his person, property or reputation
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