Law Legal Studies

Legal Principles and Remedies

1,693 Questions

This hub provides practice questions on tort liability, professional negligence, and compensatory damages. It covers key legal principles related to contracts, product liability, and defenses like comparative negligence. These topics are vital for law students and candidates preparing for judiciary examinations.

Tort and vicarious liabilityNegligence and professional liabilityCompensatory and punitive damagesContract breach remediesLegal defense strategies

Legal Principles and Remedies Questions

Multiple choice

(The Specific Relief Act, 1963)

The Court may grant a perpetual injunction in following cases� (i) Where the defendant is trustee of the property for the plaintiff (ii) Where there exists no standard for ascertaining the actual damage caused (iii) Where the invasion is such that compensation in money would not afford adequate relief Which is correct?

  1. (i), (ii)

  2. (ii), (iii)

  3. (i), (iii)

  4. (i), (ii), (iii)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Perpetual injunctions can be granted in three specific circumstances under Section 39: (i) where defendant is trustee of property for plaintiff, (ii) where no standard exists for calculating actual damages, and (iii) where the injury is such that monetary compensation would be inadequate. Since ALL three scenarios are valid grounds, option D is correct.

Multiple choice

The existence of our state's inefficient and wasteful automobile accident liability system can be easily explained. As long as most of our legislators are lawyers, the system will never be reformed, because litigation creates more work for lawyers. The argument above rests on the assumption that

  1. given the opportunity, most lawyers would want to be members of the state legislature

  2. legislation to reform the state's automobile accident liability system could be introduced by a legislator who is not a lawyer

  3. state laws set minimum fees that attorneys are permitted to charge in cases arising from automobile accidents

  4. the state's automobile accident liability system encourages litigation

  5. state laws governing the ownership and operation of motor vehicles encourage unsafe driving practices
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) The argument above has the structure: Litigation creates work for lawyers; therefore, these laws will not be reformed. The speaker apparently believes, though he does not say so explicitly, that the existing system of laws encourages litigation. Thus, (4) highlights a suppressed premise of the argument.

Multiple choice

The existence of our state's inefficient and wasteful automobile accident liability system can be easily explained. As long as most of our legislators are lawyers, the system will never be reformed, because litigation creates more work for lawyers. Which of the following, if true, would most weaken the argument above?

  1. Most judges in the state are members of the legal profession as well.

  2. Few of the state's legislators are among the relatively small percentage of lawyers who handle automobile accident cases.

  3. Under the customary fee arrangement, a lawyer receives one-third of any monetary award made to a client.

  4. The state legislature allocates funds to pay for defense attorneys who represent indigent clients.

  5. Any reform legislation could be vetoed by the governor of the state, who is also an attorney.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

(2) The initial argument tries to provide an explanation for a certain situation: The lawyers in the legislatures refuse to reform the law because reform would reduce the income of lawyers. In other words, the initial argument suggests that the lawyers in the legislature act out of self-interest. The argument implicitly assumes that the lawyers in the legislature derive financial benefit from the existing laws. (2) attacks this hidden assumption of the argument.

Multiple choice

Debts between a plaintiff and defendant, one debt may be settled against another, can be a statutory defence to a plaintiff’s action and is called

  1. cross-claim

  2. set-off

  3. cross-demand

  4. cross-decree
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Set-off means a claim set up against another. It is an extinction of debts of which two persons are reciprocally debtors to one another by the credits of which they are reciprocally creditors to one another. Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against the other.

Multiple choice

Actionable claim means

  1. unsecured debt

  2. any debt

  3. claim recognised by civil courts to grant relief

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Actionable claim means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent. 

Multiple choice

An agent has to pay compensation to his principal for his misconduct which results in losses that are

  1. indirect result of the misconduct

  2. remotely caused by the misconduct

  3. indirectly and remotely caused by the misconduct

  4. directly caused by the misconduct
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The agent is bound to act with reasonable diligence and to use such skill as he possesses and to make compensation to his principal in respect of the direct consequences of his neglect, want of skill or misconduct, but not in respect of loss or damage which are indirectly or remotely caused by such neglect, want of skillor misconduct.

Multiple choice

Which of the following grounds will prevent a plaintiff from seeking specific enforcement?

  1. Plaintiff has violated an essential term of the contract.

  2. Plaintiff has acted fraudulently.

  3. Plaintiff has acted at variance.

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Section 16 clause b of the specific relief act states that specific performance cannot be enforced in favor of a person who has become incaapble of performing or violates any essential term of the contract or acts in fraud of the contract or wilfully acts at variance with.

Multiple choice

A bailor is liable for damages arising to the bailee from the faults in the goods if he did not disclose to the bailee his awareness of all

  1. faults

  2. faults which interfere with the use of the goods

  3. faults which materially interfere with the use of the goods

  4. faults which make them valuable for some other use
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware and which materially interfere with the use of them or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults.

Multiple choice

‘Qui facit per alium per se’ is the essence of which of the following principles of criminal liability?

  1. Joint criminal liability

  2. Vicarious liability

  3. Corporate criminal liability

  4. Strict liability
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Qui facit per alium facit per se is a Latin legal term meaning, "He who acts through another does the act himself." This is a maxim often stated in discussing the liability of employer for the act of employee.

Multiple choice

Crimes which do not require intention, recklessness or even negligence as to one or more elements in the actus reus are known as

  1. vicarious liability

  2. strict liability

  3. act of God

  4. force majeure
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

In criminal law, strict liability is liability for which mens rea does not have to be proven in relation to one or more elements comprising the actus reus although intention, recklessness or knowledge may be required in relation to other elements of the offence.

Multiple choice

Which one of the following is an essential component of the law of tort?

  1. Breach of a right

  2. Specific restitution of property

  3. Injunction

  4. Breach of duty
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

An essential component of tort is breach of duty. Tort is breach of some duty independent of contract which has caused damage to the plaintiff giving rise to civil cause of action and for which remedy is available.

Multiple choice

A master M employed a car mechanic S to repair cars. S repaired the plaintiff’s car and drove it for a short distance to check whether the repair was proper. In the process, S caused an accident and injured the plaintiff P. M is

  1. not liable as S was not authorised to drive the car

  2. liable for negligence of S

  3. not liable as S’s act was outside his course of employment

  4. liable as S’s act is necessarily incidental to the nature of his duties
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

M can be held vicariously liable for negligence committed by a person S, as if the owner was a principal and the S was his or her agent, if the S is using the car primarily for the purpose of performing a task for M.

Multiple choice

In law of tort, duty is

  1. primarily fixed by the law

  2. ordinarily fixed by the law

  3. naturally fixed by the law

  4. definitely fixed by the law
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Tortious liability arises from the breach of duty primarily affixed by law. The duty is towards persons in general and its breach is redressable by an action for unliquidated damages.