In which case the principle 'ubi us ibi remedium' recognized?
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Law · all questionsLaw Of Torts
Law Of Torts
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Choose the incorrect statement
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The remedy in tort law is
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In tort, mistake
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Principle: If an injury is the result of a reasonably foreseeable cause, the person/authority responsible is liable for damages because he has a duty to take reasonable measures to prevent it.
Facts: Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrence. District Cricket Association (DCA) claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk. Is there a duty on the part of the District Cricket Association (DCA) to prevent the risk? Is the District Cricket Association (DCA) liable to compensate Janet?
Facts: Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrence. District Cricket Association (DCA) claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk. Is there a duty on the part of the District Cricket Association (DCA) to prevent the risk? Is the District Cricket Association (DCA) liable to compensate Janet?
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The maxim 'volenti non fit injuria' applies
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X', a fisher woman alighted from a tramcar. While the conductor was helping her to put the fish basket on her head, a motor cyclist 'Y' passed the tram and immediately afterwards negligently collided with Z's motor car. 'Y' was killed. 'X' did not see 'Y' or the accident which occurred fifteen yards away because her view was blocked by the tram. She, however, heard the collision and after 'Y's body has been removed, she approached the spot and saw the blood left on the road. In consequence, she had a nervous shock and gave birth to still-born child as she was then eight months' pregnant. If she sues the representatives of 'Y' for 'Y's negligence, then:
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A public nuisance
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A employs B, a surgeon, to attend his infant son C. By reason of B's negligence C is injured. Which one of the following is correct?
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Tort is a
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Action of State vis-a-vis his own subjects has to be justified
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Which of the following statements is/are correct with regard to 'absolute liability' principle laid down in M. C. Mehta v. Union of India. Answer by using the below:
(1) The principle was approved except as to quantum of damages in Charan Lal Sahu v. Union of India
(2) The principle in determining compensation was applied in Union Carbide Corporation v. Union of India
(3) The compensation to be awarded must have some broad correlation not only with magnitude and capacity of the enterprise but also with the harm caused by it was held in Deepak Nitrite v. State of Gujarat
(4) The principle is not followed in India because Parliament could not yet pass Public Liability Insurance Bill, 1991
(1) The principle was approved except as to quantum of damages in Charan Lal Sahu v. Union of India
(2) The principle in determining compensation was applied in Union Carbide Corporation v. Union of India
(3) The compensation to be awarded must have some broad correlation not only with magnitude and capacity of the enterprise but also with the harm caused by it was held in Deepak Nitrite v. State of Gujarat
(4) The principle is not followed in India because Parliament could not yet pass Public Liability Insurance Bill, 1991
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The doctrine of common employment at present is applicable
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Which one of the following limitations to the rule of Volunti non fit injuria is not correct?
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There was a plea for damages against the Electricity Board when a cyclist was entrapped and electrocuted by a live wire. The Board tried to oppose the plea on ground that the wire was a diverted line laid by a stranger to siphon energy. Will the Court accept the defence of the Board?
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In which one of the following cases has the Supreme Court laid down that where the enterprise is engaged in hazardous or inherently dangerous activities and harm results to anyone on account of accident, the enterprise is strictly liable to compensate all those who are affected by such accident?
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Consider the following set of legal propositions:
1. A person can claim damages for all wrongs he has suffered.
2. A person can claim damages for wrongs only if they are caused intentionally.
3. A person can claim damages for a wrong if it is caused by infringement of this legal right.
4. A person can claim damage even if he has suffered no loss.
Of the above propositions:
1. A person can claim damages for all wrongs he has suffered.
2. A person can claim damages for wrongs only if they are caused intentionally.
3. A person can claim damages for a wrong if it is caused by infringement of this legal right.
4. A person can claim damage even if he has suffered no loss.
Of the above propositions:
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Liability without fault
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The Scienter rule applies in case of liability for animals which are
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Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of 'A', Dr. 'B' left a mop inside the body of 'A'. 'A' suffered acute pain and has to be operated again for the removal of the mop.
'A' sues Dr. 'B' for damages.
Facts: While performing a surgery for the removal of stones from the kidney of 'A', Dr. 'B' left a mop inside the body of 'A'. 'A' suffered acute pain and has to be operated again for the removal of the mop.
'A' sues Dr. 'B' for damages.
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