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Law of Tort - 4

Description: Law of Torts
Number of Questions: 17
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Tags: Law of Torts
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Which judge is considered pioneer in the growth of the ‘principle of absolute liability in tort’?

  1. Blackburn J.

  2. Lord Denning M.R.

  3. Lord Halsbury

  4. Justice P.N. Bhagwati


Correct Option: D
Explanation:

  

Who among the following has propounded the ‘Pigeon Hole Theory’ related to law of torts?

  1. Winfield

  2. Underhill

  3. Salmond

  4. Flemming


Correct Option: C
Explanation:

The law of torts consists of a set of a neat of pigeon holes, each containing a specific labelled tort . When the defendant’s wrong does not fit in any of these pigeon holes he is said to have committed no tort.

Tort is infringement of a

  1. right in personam

  2. right in rem

  3. both right in personam and right in rem

  4. neither right in personam nor right in rem


Correct Option: B
Explanation:

Right in rem is a right enforceable against the entire world. Tort is infringement of a Right in rem.

In which of the following cases relating to contributory negligence, the principle first applied by the Court came to be known as the ‘Last opportunity rule’?

  1. Butterfield Vs. Forrester

  2. Davies Vs. Mann

  3. Admiralty Commissioner V.S.S. Volute

  4. British Colombia Electric Railway Vs. Loach


Correct Option: B
Explanation:

  

A master is liable for the tort committed by his servant. The servant acts

  1. for the benefit of his master

  2. during his duty hours

  3. in the course of his employment

  4. to the detriment of the plaintiff


Correct Option: C
Explanation:

Option(3) is correct.Under Vicarious liability an employer can be held liable for the unlawful actions of an employee. Even though the employer is not the one who committed the unlawful act. 

“If it was a lawful act, however ill the motive might be, the defendant had a right to do it.” This observation was made by the court in which one of the following cases?

  1. Mayor of Bradford Corporation Vs. Pickles

  2. Ashby Vs. White

  3. Christei Vs. Davey

  4. Hollywood Silver Fox Farm Ltd. Vs. Emmet


Correct Option: A
Explanation:

  

Torts ‘Actionable perse’ are those torts

  1. in which the plaintiff will have to prove special damage

  2. in which liability arises without intention or negligence

  3. in which some public right is infringed coupled with particular damage

  4. in which the plaintiff can sue even though he has suffered no actual loss


Correct Option: D
Explanation:

Option (4) is correct: Torts which are actionable per se are without proof of actual damage. The defendant is liable merely because he does a particular Act, even though the plaintiff has not suffered the slightest harm. Option (1) is incorrect: Plaintiff need not to prove special damages. Option (2) is incorrect: In a tort  will be intentional or a negligent. Option (3) is incorrect: Infringement of Public right is not an element to determine a tort which is actionable perse.

As a legislative sequal to the Oleum Gas leak case, the Indian Parliament enacted a law. Which of the following was that legislation?

  1. National Environment Tribunal Act

  2. Hazardous Waste (Management and Handling) Act

  3. Public Liability Insurance Act

  4. Bhopal Gas Leak Disaster (Processing of Claims) Act


Correct Option: C
Explanation:

  

Strict liability under law of torts means

  1. liability that is very severe

  2. liability for any dangerous activity

  3. liability without the need to establish fault

  4. liability for mass torts


Correct Option: C
Explanation:

Under law of torts, strict liability is the imposition of liability on a party without finding of fault.

The exception of ‘Act of God’ was attached to

  1. the rule of strict liability

  2. the rule of absolute liability

  3. the rule of contribution

  4. joint tort feasors


Correct Option: A
Explanation:

Option (1) is correct: Under Law of Torts, strict liability is the imposition of liability on a party without finding of fault. God cannot be held liable for any of his acts. Option (2) is incorrect: Absolute liability is the imposition of liability on a party who has committed an act with a guilty mind. Options (3) and (4) are incorrect: Contribution and joint liabilty is required for a tort to make a person liable.

Youssonpoff Vs. M.G.M. Pictures Ltd., is a leading case on which of the following?

  1. Defamation

  2. Negligence

  3. Contributory negligence

  4. Strict liability


Correct Option: A
Explanation:

  

An appropriate remedy for tort is an action for

  1. injunction

  2. prosecution

  3. unliquidated damages

  4. all of the above


Correct Option: C
Explanation:

Option (3) is correct: This means that the defendant must be compensated for his loss. Option (1) is incorrect: Injunctions are issued only "when the remedy at law is inadequate." Option (2) is incorrect: Prosecution is done only under criminal law and tort is a civil wrong.   

There is a children’s school by the side of a highway. While classes are going on, two children of the school stray on the highway. A truck is moving on the highway at normal speed. While trying to avoid hitting the children, the truck collides with a bullock-cart. One person is injured, the bullocks die and the truck is also damaged. Which one of the following propositions correctly describes the liability?

  1. The school administration would be liable because they were negligent.

  2. The truck driver shall be liable because he did not take care.

  3. The bullock cart puller would be liable because he has not taken due care.

  4. The children would be liable as they have contributed to the accident.


Correct Option: A
Explanation:

Option(1) is correct: Negligence is a failure to exercise the care that a reasonably prudent man would exercise in like circumstances. Option(2) is incorrect: The truck driver has taken due care. Option(3) and (4) are incorrect:The bullock cart puller and the children are not at fault. 

‘A’ sings obscene songs near the gate of Girls Degree College. What offence has he committed?

  1. Assault

  2. Outraging the modesty of a woman

  3. Criminal intimidation

  4. Obscenity


Correct Option: D
Explanation:

U/S 294 of Indian Penal Code, 1860,  Whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, has committed the offence of obscenity. 

Which of the following requirements from an essential element of the defence of fair comment in the tort of defamation?

  1. The matter commented 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. Select the correct answer using the codes given below.
  1. 1, 2, 3 and 4

  2. 1, 3 and 4

  3. 1 and 2

  4. 2 and 3


Correct Option: B
Explanation:

  

Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).

Assertion (A): Tort liability and criminal liability are similar in some respects only. Reason (R): Because both are based on a duty primarily fixed by law and the duty is towards persons generally.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: A
Explanation:

Tort liability and criminal liability are similar only in some aspects and different in others. A tort is a wrongful act that injures or interferes with another's person or property. A crime is a wrongful act that the state or federal government has identified as a crime. Both are similar because both are based on a duty primarily fixed by law and the duty is towards persons generally. Hence, both (A) and (R) are correct and (R) is the correct explanation of (A). 

Which one of the following limitations to the rule of ‘Volenti non fit injuria’ is not correct?

  1. The consent should be free.

  2. Consent to illegal act is no consent.

  3. Consent in rescue cases is no consent.

  4. More knowledge of the risk is not assumption to the risk.


Correct Option: D
Explanation:

"Volenti non fit injuria" is a common law doctrine states that if anyone willingly places himself in a position knowing that some degree of harm might result, he is not able to bring claim against other party in tort.  Hence mere knowledge of risk is assumed as risk.

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