A person was arrested by the policeman on suspicion of being in possession of stolen property. His property was kept in government Malkhana. The policeman in charge of Malkhana misappropriated the property and fled to Pakistan. Is the state liable to the owner of the property for the wrongful acts of its civil servant?
Read Assertion (A) and Reason (R) and answer by using below: Assertion (A): According to the 'law of tort' every wrongful act for which there is no justification or excuse to be treated as a tort. Reason (R): Theory of 'pigeon-hole' was propounded by Salmond.
Which of the following statements are not correct?
(1) Res ipsa loquitur is used for the purpose of fixation of liability based on strict liability.
(2) Inference of negligence could properly be drawn in res ipsa loquitur
(3) Res ipsa loquitur dispenses with taking of evidence
(4) Res ipsa loquitur mostly favours the defendant
Select the correct answer using the given below:
Two persons voluntarily took lift in a jeep were thrown out and sustained injuries due to the giving way of the bolts, fixing the right front wheel and thereby toppling the jeep. Principle of volenti non fit injuria was held to be not applicable to them in
Two dogs, belonging to two different persons, acting in concert attacked a flock of sheep and injured them.
Which one of the following is the correct statement? In an action for damages:
The liability for Tort arises on:
1. Violation of a right in rem.
2. Violation of a right in personam
3. Breach of a legal duty
4. Breach of an equitable obligation.
Select the correct answer using the given below:
The careless operations of railways that led to fire in the bogie standing in the platform attracted a few public spirited rescues standing on the platform to rush in to extinguish the fire. In the course of rescue operation a rescuer was gravely injured. Can he bring tort action against the railways?
In which of the following case, Lord Wilber force opined that "It is necessary to consider three elements inherent in any claim for nervous shock: the class of persons whose claim should be recognized, the proximity of such persons to the incident and the means adopted by which shock is caused"?
Which of the following exceptions to strict liability were recognised by Justice Blackburn in Rylands v. Fletcher?
1. Vis major
2. Statutory authority
3. Plaintiff's own default
4. Act of third party
Choose the correct option from below:
