Law Legal Studies

Legal Principles and Remedies

1,705 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

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.

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.