Which of the following requirements form an essential element of the defence of fair comment in the tort of defamation?
1. The matter commanded on must be of public interest
2. It must be an assertion of fact
3. It must be an expression of opinion
4. The comment must be fair
5. The comment must be nutritional
6. The comment must be malicious
Select the correct answer using the given below:
X and his wife went for shopping leaving behind their dog in their car which they had locked after pulling up the glasses of the windows. For reasons unknown, the dog probably got excited and broke the rear glass, probably with its paws and jumped out. A fragment of the broken glass flew at the face of one Y, a passerby, and pierced into his eye resulting in its loss. Y sued X for damages alleging negligence on the part of X. What defence can X take:
Which of the following requirements form an essential element of the tort of malicious prosecution?
1. Prosecution of the plaintiff by the defendant
2. Termination of the case in favour of the defendant
3. Termination of the case in favour of the plaintiff
4. Presence of reasonable and probable cause
5. Absence of reasonable and probable cause
6. Malice on the part of the defendant
7. Damage suffered by the plaintiff
Select the correct answer using the given below:
Principle: A person becomes liable for his negligence when he owed a duty of care to others. Facts: A train was leaving the platform. Dhiraj rushed and boarded the moving train. He was carrying a parcel of long wooden reapers. Even though Dhiraj managed to enter the train, the parcel was protruding out through the compartment door. Mohit, who came to see off his friend, was standing on the platform waiting for the train to move. The protruding parcel hit Mohit on his chest. Mohit claims compensation for the injury from Dhiraj. Will Mohit succeed?
Principle: No person can sue for a tort to which he had consented either expressly or impliedly. Voluntarily suffered injury is not fit for action. However rescue cases are exceptions. Facts: A short distance from 'X's house, there was a railway collision due to the negligence of railway authority. 'X' voluntarily took an active part in rescue operations at the scene of the accident. As a result, he suffered prolonged anxiety and neurosis. He filed a suit for damages against railway authority.
Is a fair and accurate report of any proceedings or debate in either House of Parliament or in any Committee thereof, privileged, even though it contains matter defamatory of an individual?
Consider the following statements: All persons are joint tort-feasors, who?
1. Aid in the commission of wrongful act.
2. Expect one and the same result of their act.
3. Joined the act complained.
Which of the statements given above are correct?
Assertion (A): Tort is a civil wrong. Reasoning (R): This civil wrong is other than a mere breach of contract or breach of trust and it is redressible by an action for unliquidated damages
"The person who, for his own purpose, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril." Identify the Rule.
