Law of Tort - 4

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.

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

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. 

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.

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

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.

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.   

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. 

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. 

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). 

"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.