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 are also known as exemplary damages?

  1. Punitive damages

  2. Vindictive damages

  3. Compensatory damages

  4. Both 1 and 2

  5. None of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Exemplary damages or punitive or vindictive damages are awarded in excess of the material loss suffered by the plaintiff with a view to prevent similar behaviour in future.

Multiple choice

Which of the following is not an extrajudicial remedy?

  1. Expulsion of a trespasser

  2. Re-entry on land

  3. Distress damage feasant

  4. Abatement of nuisance

  5. Restitution of property
Reveal answer Fill a bubble to check yourself
E Correct answer
Explanation

When the plaintiff has been wrongfully dispossessed of his movable and immovable property, the court may order that the specific property should be restored back to the plaintiff. This remedy is a judicial remedy, not an extrajudicial remedy.

Multiple choice

Which of the following are the damages that when given are taken to embrace all the injurious consequences of the wrongful act, unknown as well as known, which may arise as well as those which have arisen, so that the right of action is satisfied by one recovery?

  1. Prospective damages

  2. Contemptuous damages

  3. Continuing damages

  4. General damages

  5. None of the above
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Prospective damages provide compensation for damages which are a complete result of the defendant’s wrongful act, but which were not resulted at the time of decision of the case. These are also known as future damages.

Multiple choice

Under the law of torts, Act of God is also known as

  1. vis major

  2. damnum fatale

  3. vis major or damnum fatale

  4. force majeure

  5. None of the above
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Act of God is also known as vis major in Latin. Act of God is an operation of the natural forces, and is so unexpected that it is impossible to anticipate it.

Multiple choice

Which of the following implies the rule of strict liability?

  1. No fault liability

  2. Liability based on fault

  3. State liability

  4. Absolute liability

  5. None of the above
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Strict liability makes the defendant liable for accidental harm caused without any intention and negligence on his part. In other words, the law recognises no fault liability.

Multiple choice

While determining damages for breach of contract, which of the following are taken into account?

  1. Motive

  2. Indirect loss

  3. Means of remedying the inconvenience caused by non-performance

  4. All of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

While determining damages for breach of contract, courts consider the means of remedying the inconvenience caused by non-performance, which includes compensation for actual loss suffered. Motive is not directly relevant to damages calculation, and indirect or remote losses are generally not recoverable. The focus is on compensating for direct, foreseeable harm resulting from the breach.

Multiple choice

If the compensation to be paid on breach of contract is the genuine pre-estimate of the prospective damages, it is known as

  1. special damages

  2. penalty

  3. un-liquidated damages

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

When compensation specified for breach is a genuine pre-estimate of prospective damages, it is called liquidated damages. This represents the parties' advance agreement on reasonable compensation for breach, based on actual anticipated loss. It differs from penalty (punitive) and unliquidated damages (determined by court after breach). Liquidated damages are enforceable as genuine pre-estimates, not as punishments.

Multiple choice

Which of the following is correct with regard to acknowledgment of liability under Sect. 18 of the Limitation Act, 1963?

  1. Acknowledgement cannot be undated.

  2. Acknowledgment can be made to a person other than the person entitled to the property.

  3. Acknowledgement need not be in writing.

  4. Acknowledgement can be made after the expiry of the period of limitation.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Section 18 of the Limitation Act, 1963, an acknowledgment of liability can be validly made to a person other than the person entitled to the property, including their agent or authorized representative. The acknowledgment must be in writing and signed by the party making it. It cannot be made after expiry of the original limitation period to revive a time-barred claim.

Multiple choice

Directions: Go through the problem and encircle the most appropriate answer.

Damages are payable for breach of contract and the purpose of damages is to compensate him for the loss suffered and not to improve his position more than what it would have been if the contract had been duly performed. 'A' wanted to buy a house and he contracted with a surveyor 'S' to inspect a particular house and value it for him. S surveyed the house and valued it for Rs. 10 lakhs. S, however, failed to notice the defective plumbing system in the house and had he taken note of it, the house would have been worth only Rs. 8 lakhs. A followed S's advice and bought the house for Rs. 8 lakhs and thereafter spent Rs. 4 lakhs for repairing the plumbing system. He filed a suit against S claiming Rs. 4 lakhs as damages.

  1. A should get Rs. 4 lakhs, because that was the amount that he had to spend finally to make the house worth living.

  2. A should get Rs. 2 lakhs, since he paid additional Rs. 2 lakhs on account of S's negligence.

  3. A should get Rs. 4 lakhs, since that loss was attributable to S's negligence.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A suffered a loss of Rs. 2 lakhs due to S's negligence - the house was worth Rs. 8 lakhs (not Rs. 10 lakhs as valued), but A paid Rs. 8 lakhs plus Rs. 4 lakhs for repairs. The actual loss attributable to S's failure to detect the plumbing defect is Rs. 2 lakhs (the difference between the true value and what A paid). A cannot recover the Rs. 4 lakhs repair cost entirely because part of that expense would have been needed anyway.

Multiple choice

What is meant by an actionable claim?

  1. Enforceable by the court of law

  2. Such claim that cannot be recovered by means of an action or a suit

  3. A claim to any debt in unpossessed movable property

  4. Both (1) and (3)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

An actionable claim is a claim to any debt or to any beneficial interest in movable property. It is enforceable by the court of law.

Multiple choice

What is a claim for payment for damages at sea called?

  1. Maritime law case

  2. Admirality case

  3. Right to recompense

  4. Jones Act case
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The Jones Act (Merchant Marine Act of 1920) allows injured maritime workers to bring claims against their employers for damages. While the general term for sea-related claims is maritime law, Jones Act specifically refers to these seamen's injury claims for compensation.

Multiple choice

“Breach of condition may be treated as breach of warranty, but breach of warranty cannot be treated as breach of condition”. The given statement is

  1. true

  2. false

  3. self-contradictory

  4. logically consistent, but legally untenable
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. So breach of condition may be treated as breach of warranty, but breach of warranty cannot be treated as breach of condition.