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Liability and Remedy (UGC/NET)

Description: Legal Aptitude
Number of Questions: 15
Created by:
Tags: Legal Aptitude Laws of Torts
Attempted 0/15 Correct 0 Score 0

Which of the following is not a valid defence in tort?

  1. Volentia non fit injuria

  2. Vis major

  3. Scienti non fit injuria

  4. Inevitable accident

  5. None of the above


Correct Option: C
Explanation:

Scienti non fit injuria states that only knowledge of the risk is not enough to claim defence, there must be acceptance to undergo the results of the risk undertaken. There has to be consent, mere knowledge is not sufficient.

Which of the following maxims under law of torts contain(s) the real significance of legal damages?

  1. Injuria sine damnum and damnum sine injuria

  2. Alteram non laedere

  3. Ubi jus ibi remedium

  4. Audi alteram partem

  5. None of the above


Correct Option: A
Explanation:

The test to determine the liability under law of torts is to see whether any legal right of plaintiff has been violated or not. The maxim, injuria sine damnum means violation of a legal right without causing any harm to the plaintiff. Thus, it is actionable as a tort. Damnum sine injuria means that the plaintiff may suffer actual or substantial loss without any violation or infringement of legal right and therefore, no action lies in such cases.

Under the law of torts, vicarious liability arises from

  1. principal and agent

  2. master and servant

  3. guardian and ward

  4. partners

  5. All of the above


Correct Option: E
Explanation:

All of the above are examples of vicarious liability.

Which of the following correctly explains res ipsa loquitor?

  1. Rule of evidence

  2. Rule of rebuttal of evidence

  3. Rule of negligence

  4. Rule of vicarious liability

  5. None of the above


Correct Option: A
Explanation:

Res ipsa loquitor is a Latin term which means the thing speaks for itself. It is a maxim that infers negligence from the very nature of an accident or injury in the absence of a direct evidence. Thus, it is a rule of evidence.

Which of the following damages are also called ordinary damages?

  1. Substantial damages

  2. Compensatory damages

  3. Exemplary damages

  4. Both 1 and 2

  5. None of the above


Correct Option: D
Explanation:

Substantial and compensatory damages are also known as ordinary damages.

Which of the following remedies are available in the law of torts?

  1. Judicial and extrajudicial

  2. Executive and non-judicial

  3. Executive and judicial

  4. Judicial, non-judicial and extrajudicial

  5. None of the above


Correct Option: C
Explanation:

Judicial remedies such as awarding damages and granting of injunction are available under law of torts.

Which of the following are also known as exemplary damages?

  1. Punitive damages

  2. Vindictive damages

  3. Compensatory damages

  4. Both 1 and 2

  5. None of the above


Correct Option: D
Explanation:

Exemplary damages or punitive or vindictive damages are awarded in excess of the material loss suffered by the plaintiff with a view to prevent similar behaviour in future.

Which of the following is not an extrajudicial remedy?

  1. Expulsion of a trespasser

  2. Re-entry on land

  3. Distress damage feasant

  4. Abatement of nuisance

  5. Restitution of property


Correct Option: E
Explanation:

When the plaintiff has been wrongfully dispossessed of his movable and immovable property, the court may order that the specific property should be restored back to the plaintiff. This remedy is a judicial remedy, not an extrajudicial remedy.

Which of the following are the damages that when given are taken to embrace all the injurious consequences of the wrongful act, unknown as well as known, which may arise as well as those which have arisen, so that the right of action is satisfied by one recovery?

  1. Prospective damages

  2. Contemptuous damages

  3. Continuing damages

  4. General damages

  5. None of the above


Correct Option: A
Explanation:

Prospective damages provide compensation for damages which are a complete result of the defendant’s wrongful act, but which were not resulted at the time of decision of the case. These are also known as future damages.

Under the law of torts, Act of God is also known as

  1. vis major

  2. damnum fatale

  3. vis major or damnum fatale

  4. force majeure

  5. None of the above


Correct Option: A
Explanation:

Act of God is also known as vis major in Latin. Act of God is an operation of the natural forces, and is so unexpected that it is impossible to anticipate it.

Which of the following implies the rule of strict liability?

  1. No fault liability

  2. Liability based on fault

  3. State liability

  4. Absolute liability

  5. None of the above


Correct Option: A
Explanation:

Strict liability makes the defendant liable for accidental harm caused without any intention and negligence on his part. In other words, the law recognises no fault liability.

Match the following:

 
List I (Legal Maxims) List II (Meaning of Maxims)
I. Alteram non laedere A. Welfare of the people is supreme law
II. Damnum sine injuria B. Injury without damage
III. Salus populi suprema lex C. No harm to anyone
IV. Injuria sine damnum D. Damages without injury
  1. I - B, II - D, III - C, IV - A

  2. I - D, II - B, III - A, IV - C

  3. I - C, II - A, III - D, IV - B

  4. I - C, II - D, III - A, IV - B

  5. None of the above


Correct Option: D
Explanation:

This is the correct option. Alteram non laedere - Not to harm anyone Damnum sine injuria - Damages without injury Salus populi suprema lex - Welfare of the people is supreme law Injuria sine damnum - Injury without damage

Match the following:

 
List I (Legal Maxims) List II (Meaning of maxims)
I. Ubi jus ibi remedium A. Defence of consent
II. Scienti non fit injuria B. So use your own property as not to injure your neighbours
III. Volenti non fit injuria C. Where there is a remedy, there is a right
IV. Sic utere tuo ut alienum non laedas D. Harm suffered with knowledge
  1. I - B, II - D, III - C, IV - A

  2. I - D, II - B, III - A, IV - C

  3. I - C, II - A, III - D, IV - B

  4. I - C, II - D, III - A, IV - B

  5. None of the above


Correct Option: D
Explanation:

Ubi jus ibi remedium is a Latin maxim which means where there is a right, there is a remedy. The basic principle contemplated in the maxim is that when a person's right is violated, the victim will have an equitable remedy under law. Scienti non fit injuria states that only knowledge of the risk is not enough to claim defence, there must be acceptance to undergo the resultants of the risk undertaken. There has to be consent, mere knowledge is not sufficient. Volenti non fit injuria is known as defence of consent under the law of torts. It states that everyone is the best judge of his interest and the one who voluntarily agrees to suffer harm is not allowed to complain for that. This is so because the harm voluntarily suffered does not constitute a legal injury. Sic utere tuo ut alienum non laedas means that one must use his property so as not to injure the lawful rights of another. Under this maxim, it is well settled that a property owner may put his own property to any reasonable and lawful use so long as he does not thereby deprive the adjoining landowner of any right of enjoyment of his property which is recognised and protected by law.

Match the following:

 
List I (Legal Maxims) List II (Meaning of Maxims)
I. Audi alteram partem A. Of an illegal cause, there can be no lawsuit
II. Ex turpi causa non oritur action B. He who acts through another, acts himself
III. Novus actus inteveniens C. Listen to the other side
IV. Quit facit per alium facit per se D. New intervening act
  1. I - B, II - D, III - C, IV - A

  2. I - D, II - B, III - A, IV - C

  3. I - C, II - A, III - D, IV - B

  4. I - C, II - D, III - A, IV - B

  5. None of the above


Correct Option: C
Explanation:

This is the correct match. Audi alteram partem - Listen to the other side Ex turpi causa non oritur action - Of an illegal cause, there can be no lawsuit Novus actus interveniens - New intervening act Quit facit per alium facit per se - He who acts through another, acts himself

Match the following:

 
List I (Legal Maxims) List II (Meaning of Maxims)
I. Common employment A. Conspiracy
II. Respondent superior B. Master and servant
III. Agreement to injure the other in trade C. Servant and servant
IV. Egg-shell skull rule D. Tortfeasor takes his victim as he finds him
  1. I - C, II - B, III - A, IV - D

  2. I - C, II - B, III - D, IV - A

  3. I - B, II - C, III - D, IV - A

  4. I - B, II - C, III - A, IV - D

  5. None of the above


Correct Option: A
Explanation:

This is the correct match. Common employment - Servant and servant Respondent superior - Master and servant Agreement to injure the other in trade - Conspiracy Egg-shell skull rule - Tortfeasor takes his victim as he finds him

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