Question. The stone does not fall in order to fall but because it must fall, because its support is taken away; whilst the man who acts does so, not because of anything, but in order to attain to something. This purpose is as indispensable for the will as cause is for the stone. As there can be no motion of stone without a cause, so can there be no movement of the will without a purpose. To whom would you attribute this statement? |
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a. J. Stone | b. Dean Rascoe Pound |
c. Ihering | d. Bentham |
Answer. c. Ihering |
Question. Principle: Everybody is under a legal obligation to take reasonable care to avoid acts or omissions which one can foresee would injure his neighbour. Factual Situation: A, while rushing to catch a moving bus pushed B, a stranger, who was walking ahead of A with a heavy packet. As a result B fell down and a precious glass chandelier in the packet completely got shattered into pieces. B files a suit for compensation from A. |
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(a) A is not liable because he did not foresee that the packet contained any breakable item. | (b) A is not liable because B was not his neighbour. |
(c) A is liable as he should not have rushed towards a moving vehicle. | (d) A is liable as he was under an obligation not to push B. |
Answer. (d) A is liable as he was under an obligation not to push B. |
Question. In law of torts, when an act is done under the authority of a statute – |
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(a) it is a complete defence | (b) it is a complete defence for obvious harms resulting from the act |
(c) it is a complete defence for obvious harms as well as the incidental harms resulting | (d) It is complete defence for obvious harms as well as incidental harms resulting from the act when it is not done negligently |
Answer. (d) It is complete defence for obvious harms as well as incidental harms resulting from the act when it is not done negligently |
Question. Which of the following maxims means that treaty obligations must be performed by the parties in good faith? |
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(a) pacta sunt servanda | (b) rebus sic stantibus |
(c) pacta terries nec nocent nec prosunt | (d) jus cogens |
Answer. (a) pacta sunt servanda |
Question. The maxim 'salus poluli suprema lex' means |
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Mistake of law is no defence | The welfare of the people is the supreme law |
It is in the interest of the State that there should be an end to litigation | the defence of statutory authority is the supreme law |
Answer. The welfare of the people is the supreme law |
Question. What is the primary purpose of tort law? |
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To punish criminal conduct | To regulate contracts |
To provide remedies for civil wrongs | To enforce property rights |
Answer. To provide remedies for civil wrongs |
Question. Which type of tort involves intentionally causing emotional distress to another person? |
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a) Negligence | b) Defamation |
c) Assault | d) Intentional infliction of emotional distress |
Answer. d) Intentional infliction of emotional distress |
Question. In a negligence claim, what element refers to the duty to exercise reasonable care towards others? |
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a) Proximate cause | b) Causation |
c) Breach of duty | d) Duty of care |
Answer. d) Duty of care |
Question. What is the legal doctrine that allows a plaintiff to recover damages even if they contributed to their own injury? |
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a) Assumption of risk | b) Contributory negligence |
c) Comparative negligence | d) Intervening cause |
Answer. c) Comparative negligence |
Question. Which of the following is NOT an essential element of a defamation claim? |
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a) Publication | b) False statement of fact |
c) Harm to reputation | d) Intent to harm |
Answer. d) Intent to harm |
Question. When one party intentionally interferes with another party's contractual relationship, it may lead to a claim of: |
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a) Negligence | b) Defamation |
c) Tortious interference | d) Assault |
Answer. c) Tortious interference |
Question. Which type of tort involves causing physical harm or offensive contact to another person without their consent? |
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a) Trespass | b) Conversion |
c) Battery | d) Nuisance |
Answer. c) Battery |
Question. Under what circumstances can a person claim "self-defense" as a defense against a tort claim? |
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a) Any level of force is permissible in self-defense | b) Only if the other party initiated the conflict |
c) If the person reasonably believed they were in imminent danger | d) Only if a weapon is involved |
Answer. c) If the person reasonably believed they were in imminent danger |
Question. What is the legal principle that holds manufacturers liable for defective products that cause harm to consumers? |
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a) Res ipsa loquitur | b) Strict liability |
c) Assumption of risk | d) Contributory negligence |
Answer. b) Strict liability |
Question. Which of the following is a type of economic tort that involves making false statements about a competitor's product to damage their business reputation? |
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a) Fraud | b) Slander |
c) Defamation | d) Trade disparagement |
Answer. d) Trade disparagement |
Question. The word "Tort" has been derived from the latin word |
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Tortus | Tortum |
Torts | None of the above |
Answer. Tortum |
Question. Tort is redressible by n action |
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for unliquidated damages | for restoration of original position |
for liquidated damages | either (a) or (c) |
Answer. For Unliquidated damages |
Question. Following are good defences to an action in torts 1. Volenti non fit injuria 2. Scienti non fit injuria 3. Vis Major Choose the correct answer by using the codes given below |
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1,2,3 | 2,3 |
1,3 | 2 only |
Answer. 1,3 |
Question. The maxim volenti non fit injuria means |
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voluntarily suffered injury is not fit for action | no breach of a legal right is committed against one who is a willing party |
harm suffered voluntarily does not constitute an injury and is not actionable | all the above |
Answer. All the above |
Question. The maxim 'ubi jus ibi remedium' means |
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where there is a right, there is a remedy | there is no remedy without a wrong |
there is no wrong without a remedy | there is no right without a remedy |
Answer. There is no wrong without a remedy |