"A tort is an infringement of a right in rem of private individual, giving a right of compensation of the suit of the injured party." This is the definition given by
A. Blackstone
B. Fraser
C. Salmond
D. Winfield
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Match the following:
a. Criminal Trespass
1. Section 445
b. House Trespass
2. Section 443
c. Lurking House Trespass
3. Section 442
d. House-Breaking
4. Section 441
A. a-4, b-3, c-2, d-1
B. a-1, b-2, c-3, d-4
C. a-2, b-4, c-1, d-3
D. a-3, b-1, c-4, d-2
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Which one of the following can not be described as malicious prosecution?
A. Criminal proceeding
B. Money recovery proceeding
C. Bankruptcy proceeding
D. Liquidation proceeding
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A master is liable for the tort committed by his servant when the servant acts:-
A. For the benefit of his master
B. In course of his employment
C. During his duty hours
D. To the detriment of the plaintiff
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The term novus actus interveniens means
A. Directness of damages
B. Remoteness of damages
C. Direct & remote damages
D. Foreseable damages
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'Causa Causons' means
A. The defendant's act is the real, effective and dominant cause of injury to the plaintiff
B. The defendant's act antecedent or passive cause of injury to plaintiff
C. Injury to the plaintiff is due to his own wrongful act
D. Injury to the plaintiff is because of act of third party
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A orally abuses B, it is a case of
A. Libel
B. Slander
C. Both (A) and (B)
D. None of the above
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In torts
A. A minor is liable in the same manner & to the same extent as an adult
B. A minor is not liable at all as under the law of contract
C. A minor is liable in the same manner & not the same extent as an adult in respect of torts which do not require a special mental element
D. None of the above
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Violation of right actionable per se means:
A. Not actionable
B. Actionable without proof of any damage
C. Actionable on proof of actual damage
D. Actionable against some person only
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Independent tort feasors
A. Are two or more persons acting independently concur to produce a single damage
B. Are two or more persons acting independently at the same time produce different damages
C. Are two or more persons acting independently at different times produce different damages
D. Are two or more person acting jointly at the same time produce different damages
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A tort is a breach of duty, which is
A. Imposed by the parties
B. Imposed by the law
C. Imposed by the penal law
D. Imposed by the society
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In which of the following cases the 'Principal of common Employment' was evolved for the first time?
A. Rylands v. Fletcher
B. Priestley v. Fowled
C. Ashby v. White
D. Wagon v. Mound
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Z digs the mud road in front of his house. In the evening after it became dark a passerby hits the debris and is injured. The passerby brings a civil suit as well as files a criminal case of public nuisance. He can
A. A not file both the cases. He either can file a criminal case or a civil suit
B. Bring both the actions
C. Not bring a suit for damages
D. Not file a criminal case
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The manufacturer's liability principle was laid down in:
A. Donoghue v. Stevenson, (1932)
B. Grant v. Australian Knitting Wool Co., (1936)
C. Dorset Yacht case, (1968) HL
D. In re Polemis case, (1921) AC
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In nuisance, a defendant is liable to unusually sensitive plaintiff:
A. Only in personal injury cases
B. Only in property injury cases
C. Both for personal injury and property injury cases
D. In none of the above
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Match the following
a. Negligence
1. Rylands v. Fletcher
b. Strict Liability
2. M. C. Mehta v. Union of India
c. Absolute Liability
3. Glasgow Corporation v. Muir
d. Nervous Shock
4. Bourhill v. Young
A. a-2, b-1, c-3, d-4
B. a-1, b-3, c-4, d-2
C. a-3, b-1, c-2, d-4
D. a-3, b-2, c-1, d-4
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The main supporter of the theory, that it is 'Law of Tort' and not 'Law of Torts' is
A. Flemming
B. Dr. William
C. Salmond
D. Winfield
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Principle: Even if a person suffers a loss, he will be entitled to receive compensation only if a legal right is violated.
Factual Situation: An English teacher in a famous 'English School' after having some rift with the management left the school and started a new 'Language School' very close to the English School. Many students of the English School left it and joined the new Language School. As a result, the English School suffered huge financial loss and hence filed a suit for compensation against the new school.
A. The English School management will succeed as there is a substantial loss of their profit which is their legal right
B. The English School management will not succeed as anybody can start a new school which is their legal right
C. The English School will succeed as nobody can start a rival school in the close vicinity of an existing school
D. The English School management will not succeed as there is no violation of any legal right
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Match the following
a. Winfield
1. Tort means a civil wrong, which is not exclusively a breach of contract or breach of trust.
b. Fraser
2. a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation
c. Salmond
3. tortuous liability arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages
d. Section 2(m), Limitation Act
4. an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party
A. a-4, b-2, c-1, d-3
B. a-2, b-1, c-3, d-4
C. a-1, b-3, c-4, d-2
D. a-3, b-4, c-2, d-1
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"Res ipsa loquitur" is the maxim used when
A. The circumstantial evidence is sufficient
B. There is no evidence available to prove a fact
C. The things (circumstance) speak for itself
D. The witness is called from (detention)
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