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 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.

Multiple choice

For rash and negligent driving,

  1. the licence is liable for suspension or cancellation

  2. the licence is an invitation to accident

  3. strict warning from the licence authority is issued

  4. you invite imprisonment

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Correct option is (1).

Multiple choice

The stipulation that facts, which enable the court to determine the amount of damages are relevant, is incorporated in

  1. Section 12

  2. Section 10

  3. Section 8

  4. Section 11

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: Section 12 of the Indian Evidence Act deals with the facts which enable the court to determine the amount of damages. Option (2) is incorrect: Section 10 of the Indian Evidence Act states things said or done by conspirator in reference to common designs. Option (3) is incorrect: Section 8 talks about motive, preparation and conduct. Option (4) is incorrect: Section 11 says facts not otherwise relevant become relevant.

Multiple choice

Damages awarded for tortuous liabilities are

  1. liquidated

  2. unliquidated

  3. penal

  4. None of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: Damages awarded for tortuous liabilities are not liquidated. Option (2) is correct: Damages awarded for tortuous liabilities are unliquidated, i.e. not decided before. Option (3) is incorrect: Damages awarded for tortuous liabilities are not penal.

Multiple choice

To find mens rea, which of the following conditions is necessary?

  1. The act was intended

  2. There must be a resultant consequence

  3. The act of causing injury to another

  4. The knowledge of existence of facts
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (2) is correct: Mens rea must be accompanied by actus reus. So, to find means rea, there must be a resultant consequence of mens rea.

Multiple choice

Specific performance of contract is allowed where

  1. the plaintiff is not entitled to recover compensation

  2. the defendant is incompetent to perform the contract

  3. compensation is not the adequate relief

  4. the defendant has died
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: Specific performance of contract is not allowed where the plaintiff is not entitled to recover compensation. Option (2) is incorrect: Specific performance of contract is not allowed where the defendant is incompetent to perform the contract. Option (3) is correct: Specific performance of contract is allowed where compensation is not the adequate relief. Option (4) is incorrect: Specific performance of contract is not allowed where the defendant has died.

Multiple choice

Nominal Damages can be

  1. Claimed by the aggrieved party as a matter of right

  2. Awarded only at the discretion of the court

  3. Should be specified/qualified in the contract

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

Nominal damages are small amounts awarded by a court when a breach of contract has occurred but no actual financial loss has been proven. They are awarded at the court's discretion.

Multiple choice

Damages awarded for tortuous liabilities are

  1. liquidated

  2. unliquidated

  3. penal

  4. None of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: Damages awarded for tortuous liabilities are not liquidated. Option (2) is correct: Damages awarded for tortuous liabilities are unliquidated, i.e. not decided before. Option (3) is incorrect: Damages awarded for tortuous liabilities are not penal.

Multiple choice

Which of the following is not an essential element of a 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

Option (1) is incorrect: Damage caused to the plaintiff is an essential element of the tort of malicious prosecution.

Option (2) is incorrect: Absence of reasonable and probable cause is an essential element of the tort of malicious prosecution.

Option (3) is incorrect: Termination of the case in favour of the plaintiff is an essential element of the tort of malicious prosecution. Option (4) is correct: Prosecution of the defendant by the plaintiff is not an essential element of the tort of malicious prosecution.