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
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he is aware of
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he is not aware of
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he is aware and unaware of
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he is reasonably aware of
C
Correct answer
Explanation
Under section 150 of the contract act, if such goods are bailed for hire, the bailor is responsible for such damage whether he was or was not aware of the existence of such faults in the goods bailed.
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claim for damages
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extinction of price
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repudiation of contract
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insolvency of a buyer
C
Correct answer
Explanation
Option (3) is correct: A contract cannot be repudiated in case of breach of warranty. A buyer can claim for damages or may make extinction (adjustment) in price.
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the licence is liable for suspension or cancellation
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the licence is an invitation to accident
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strict warning from the licence authority is issued
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you invite imprisonment
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No fee
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Rs.5 in the form of court fee stamp
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Rs.10 in the form of court fee stamp
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Rs.20 in the form of court fee stamp
C
Correct answer
Explanation
For Central Departments as of 2006, there is a fee of Rs.10 for filing the request, Rs.2 per page of information and Rs.5 for each hour of inspection after the first hour, if the applicant is a Below Poverty Card holder then no fee shall apply. Such BPL card holders have to provide a copy of their BPL card along with their application to the Public Authority.
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Section 12
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Section 10
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Section 8
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Section 11
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.
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liquidated
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unliquidated
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penal
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None of these
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.
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The act was intended
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There must be a resultant consequence
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The act of causing injury to another
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The knowledge of existence of facts
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.
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the plaintiff is not entitled to recover compensation
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the defendant is incompetent to perform the contract
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compensation is not the adequate relief
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the defendant has died
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.
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Claimed by the aggrieved party as a matter of right
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Awarded only at the discretion of the court
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Should be specified/qualified in the contract
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All of the above
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.
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True
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Partly True
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False
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None of the above
C
Correct answer
Explanation
An anticipatory breach occurs when a party repudiates their obligation before the performance date. The non-breaching party has the right to sue for damages immediately.
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damages
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injunction
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quantum merit
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rescission
C
Correct answer
Explanation
Quantum Meruit allows a party to claim compensation for the proportion of work already completed when the contract is discharged or prevented from being completed.
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liquidated
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unliquidated
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penal
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None of these
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.
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Damage caused to the plaintiff
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Absence of reasonable and probable cause
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Termination of the case in favour of the plaintiff
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Prosecution of the defendant by the plaintiff
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.
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Consent of the plaintiff
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Act of God
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Act of third party
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Statutory authority
A
Correct answer
Explanation
Option (1) is correct: Consent of the plaintiff is one of the defence to strict liability and is based on the maxim 'volenti non fit injuria'.
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The insurer is liable to compensate for the loss only when the nearest or immediate cause of loss is covered by the insurance policy
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The insured must take all possible steps to minimise the loss of subject matter of insurance
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The insurer is liable to pay all the damages made to the property, whether the cause of damage is insured or not
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None of these
A
Correct answer
Explanation
It means that the insurer is liable to compensate for the loss only when the nearest or immediate cause of loss is covered by the insurance policy. If the risk insured is the outcome of a remote cause which is not insured against, the insurer is not liable to pay the compensation. For instance, a ship is insured against rats and rats makes a hole in the ship and water starts entering into it. The ship is anchored at a port for repairs, and cargo is unloaded for it. In the process of unloading the cargo is partly damaged due to careless handling and the loss of cargo is not covered by marine insurance policy. It is not insured, and it is the proximate cause of loss, the insurer is not liable to pay any compensation.