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

In the tort of defamation,

  1. there may not be a loss of reputation

  2. someone is ridiculed

  3. hatred is generated

  4. there is a loss of reputation
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

In the tort of defamation, someone is ridiculed.

Multiple choice

Which one of the following is not an essential element of the tort of conspiracy?

  1. Purpose

  2. Overt act

  3. Concerted action

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

The criminal law often requires one of the conspirators to take an overt step to accomplish the illegal act to demonstrate the reality of their intention to break the law, whereas in a civil conspiracy, an overt act towards accomplishing the wrongful goal may not be required.

Multiple choice

A plaintiff has no remedy under strict liability if

  1. the defendant is negligent

  2. there is an escape of a dangerous thing

  3. the plaintiff does not default

  4. the defendant has no statutory authority
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

A plaintiff has no remedy under strict liability if the defendant is negligent.

Multiple choice

X and Y searching for a gas leak applied a naked light to a gas pipe in turns. Y’s act caused an explosion resulting in damage. Which one of the following statements is correct?

  1. Y alone is liable as his act caused the damage.

  2. X is vicariously liable for Y’s act.

  3. X and Y are both liable independently.

  4. X and Y are both liable as joint tort-feasors.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Y’s act caused an explosion resulting in damage. Y alone is liable as his act caused the damage.

Multiple choice

In the tort of conspiracy, it is necessary to

  1. form an agreement

  2. cause damage

  3. do an illegal act

  4. do a legal act
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i.e. there is an agreement between two or more natural persons to break the law at some time in the future or to achieve a lawful aim by unlawful means.

Multiple choice

Which one of the following is not an essential element of the tort of malicious prosecution?

  1. Damage caused to the plaintiff

  2. Absence of reasonable and probable cause

  3. Termination of the case in favour of the plaintiff

  4. Prosecution of the defendant by the plaintiff
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Prosecution of the defendant by the plaintiff is not an essential element of the tort of malicious prosecution. Prosecution of the plaintiff by the defendant is not an essential element of the tort of malicious prosecution.

Multiple choice

When the damages cannot be assessed, the party may be awarded by the court

  1. actual damages

  2. liquidated damages

  3. exemplary damages

  4. nominal damages
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

When the damages cannot be assessed, the party may be awarded by the court nominal damages. Nominal damages are generally recoverable by a plaintiff who successfully establishes that he or she has suffered an injury caused by the wrongful conduct of a defendant, but cannot offer proof of a loss that can be compensated.

Multiple choice

The plaintiff sees the defendant's child falling in water. He saves the child from drowning. Later the defendant promises to give him Rs. 1000. In this context, which one of the following propositions is correct?

  1. The defendant's liability is statutory.

  2. The defendant's liability arises in quasi-contract.

  3. The defendant is not liable as there is no contract.

  4. The defendant is liable because the agreement is not “nudum pactum”.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A quasi-contract is a legal agreement created by the courts between two parties who did not have a previous obligation to each other. In above facts, the defendant's liability arises in quasi-contract.

 

Multiple choice

Liquidated damages are essentially the

  1. payment of money stipulated as warning to the offending party

  2. payment of compensation determined by court

  3. compensation arbitrarily determined by aggrieved party

  4. genuine covenanted pre-estimate of damages
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Liquidated damages are essentially the payment of money stipulated as warning to the offending party.

Multiple choice

Grievous hurt means

  1. emasculation

  2. disfiguration

  3. any hurt which endangers life

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

Grievous hurt is defined under section 320 of Indian Penal Code, which includes emasculation, disfiguration and any hurt which endangers life.

Multiple choice

Which of the following amount(s) to presenting civil proceedings with ‘due diligence and in good faith’ within the meaning of Section 14 of the Limitation Act?

  1. Failure to pay the requisite court fee found deficient

  2. Error of judgement in valuing a suit

  3. Both (1) and (2)

  4. Neither (1) nor (2)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Article 14 (1) of the Limitation Act states that in computing the period of limitation for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of the appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 

Multiple choice

A claim for damages in suit for injunction can be laid down

  1. under Section 38 of the Specific Relief Act

  2. under Section 39 of the Specific Relief Act

  3. under Section 40 of the Specific Relief Act

  4. under Section 37 of the Specific Relief Act
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

A claim for damages in suit for injunction can be laid down under Section 40 of the Specific Relief Act.