Liability and Remedy (UGC/NET)

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.

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.

All of the above are examples of vicarious liability.

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.

Substantial and compensatory damages are also known as ordinary damages.

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

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.

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.

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.

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.

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.

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

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.

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

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