A lawful act does not become unlawful even if it was done with evil motive. This was held in:
A. Ashby v. White
B. Town Area Committee v. Prabhu Dayal
C. Christie v. Devey
D. Hollywood Silver Fox Farm Ltd. v. Emmett
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A willful act done without just cause or excuse is called . . . . . . . .
A. Malice in fact
B. Malice in law
C. Mistake of law
D. Mistake of fact
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The principle 'facts speak for themselves' is expressed by the maxim-
A. Ubi jus ibi remedium
B. Res Ipsa Loquitur
C. Novus Actus Interveniens
D. Causa Causams
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Direct interference in the possession of land without lawful justification is called
A. Nuisance
B. Trespass
C. Negligence
D. All the above
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An employer is liable for the acts of independent contractors if
A. The employer authorises doing an illegal act by the independent contractor
B. The employer subsequently satisfies the act of independent contractor
C. There is a strict liability
D. All the above
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In the law of torts, the tort can be fixed for incorporeal personal property
A. It is a right of patents
B. It is a right of copyright
C. It is a right of trademark
D. All the above
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Negligence was defined in the form of culpable carelessness by:-
A. Savigny
B. Salmond
C. Austin
D. Winfield
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Identify the situations where slander is actionable per se under the English law of Tort:
1. Imputation of criminal offence to the plaintiff
2. Imputation of belonging to the lower caste
3. Imputation of a contagious or infectious disease
4. Imputation of unchastity or adultery to any woman
Select the correct answer using the given below:
A. 2, 3 and 4
B. 1, 3 and 4
C. 1 and 4
D. 1 and 3
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The question as to whether the defendant has committed a breach of his duty towards the plaintiff depends on as to whether he:
A. Has evil motive towards the plaintiff
B. Did not act as a reasonable man
C. And the plaintiff were each other's enemy
D. Committed an illegal act
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A covenant not to sue one of the joint tort feasors, has the effect of:
A. Releasing all the tortfeasors
B. Releasing only that joint tortfeasor and not others
C. Not releasing even the joint tortfeasors to whom the covenant relates
D. Such a covenant is invalid and cannot be enforced
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A' has grown a tree on his land. The branches of the tree are overhanging on the land of 'B'. Under the law, 'B' is entitled to:
A. Enter into the land of 'A' without his permission and cut the tree
B. Forcibly enter into 'A's land and chop off the branches
C. Chop off the branches from his own land and take away those branches
D. Chop off the overhanging branches while remaining of his land and inform 'A' about the same
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Tort of defamation can be in respect of a
A. Living person only
B. Deceased person
C. Both (A) and (B)
D. Either (A) or (B)
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Which of the following is a leading case on trespass ab initio?
A. Goldsmith v. Sperring Ltd.
B. Dumbell v. Roberts
C. Bird v. Jones
D. Six carpenters' case
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A servant is a person:-
A. Who works for another
B. Who is employed by another
C. Who acts on behalf of the other
D. Who voluntarily agrees to work under the control and command of another during the period of employment whether for remuneration or salary or even gratuity
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Which one of the following is defamatory?
A. Publishing a report of parliament for which the editor tendered an apology
B. Publishing a report of parliamentary proceedings showing the misconduct of a member present there
C. Publishing a report of judicial proceeding showing statement made by a witness
D. Publishing a false report in newspaper that a minister was involved in a kidnapping case
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Section 2(m) of Limitation Act defines tort as
A. A civil wrong which is not exclusively a breach of contract or breach of trust
B. A civil wrong which includes breach of contract or breach of trust
C. A civil wrong which includes breach of contract but not breach of trust
D. A civil wrong which includes breach of trust but not breach of contract
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Principle: Under law, persons in possession of property are entitled to the quiet enjoyment of their property.
Factual Situation: Ram and his wife occupied a flat in New Delhi to reside peacefully during his retired life. His neighbour who was staying on rent was a young couple having a two months old baby. The cries of the baby disturbed Ram during his afternoon nap and at night. Irritated by the baby's cries, Ram asked the young couple to shift their residence, to which they turned a deaf ear. Ram wants to file a suit against the young couple for nuisance.
A. Ram will not succeed, as the sound of a crying baby is an expected part of quiet enjoyment of property and does not constitute a nuisance
B. Ram will succeed, as the sound of a crying baby is annoying
C. Ram will succeed, as the refusal by the young couple to shift the residence is a violation of Ram's right of quiet enjoyment of his property
D. Ram will not succeed, as he ought to have checked who is staying in the neighbourhood before purchasing a flat
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The difference between the maxims injuria sine damno and Damnum sine injuria lies in the fact that-
A. The former contemplates no wrong while the latter has damage with wrongs
B. The former contemplates moral wrongs while the latter contemplates wrongs
C. The former contemplates legal wrong with remedy while the latter moral wrongs without damages
D. The latter contemplates moral wrongs with damage but not vice versa
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The Rule of "strict liability" was enunciated in which one of the following cases:
A. Ashby v. White
B. Donoghue v. Stevenson
C. Stanley v. Powel
D. Ryland v. Fletcher
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The prosecution commences
A. When the matter is brought before the executive authority
B. When magistrate issues a notice only
C. When magistrate issues a summon to answer a complaint
D. All the above
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