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

“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.

Multiple choice

When a party sues for damages that cannot be assessed by the court, the court may award

  1. actual damages

  2. liquidated damages

  3. exemplary damages

  4. nominal damages

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

The purpose of damages is to restore an injured party to the stage the party was in before harmed. Nominal damages are very small damages where there is no substantial loss to be compensated, but the law recognises an evasion of plaintiff’s right and defendant’s duty.

Multiple choice

Which of the following statements is correct?

  1. Right of private defence is available only to adults.

  2. Right of private defence is available only to those who are capable of lawfully committing crime.

  3. Right of private defence is available only to the public servants.

  4. Right of private defence is available to all, irrespective of age and capacity.

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

Under Indian Penal Code, right of private defence is available to every person, irrespective of age and capacity as provided under Section 96.

Multiple choice

In legal terminology ‘remedy’ means

  1. legal means of enforcing a right

  2. legal course for redressing a wrong

  3. both 1 and 2

  4. none of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The manner in which a right is enforced or satisfied by a court when some harm or injury recognized by society as a wrongful act, is inflicted upon an individual.

Multiple choice

A person who keeps animals with the tendency to do harm is

  1. not liable for damage

  2. strictly liable for damage

  3. partially liable for damage

  4. Liability depends on the nature of injury.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Explanation: Option (2) is correct: He is liable for the damages under strict liability that is liability without any fault.

Multiple choice

Principle: A manufacturer is liable to pay compensation to a consumer for any harm or damage caused due to a defect in the product. Factual Situation: X purchased a banian from Y & Co. Before rushing for an interview he wore the new banian. When he was called in for the interview, his entire body was itching. Throughout the interview he was embarrassed as he was repeatedly scratching his body. After the interview he rushed to a dermatologist, who diagnosed it as dermatitis due to the presence of some chemical present in the banian. The Doctor brought to his attention a warning strip in the banian “Wash before use”. He obviously lost the job due to his clumsy behaviour at the interview. X sues Y & Co. for compensation.

  1. Y & Co. will be liable because the manufacturer is answerable to a consumer for any defect in the product.

  2. Y & Co. is not liable as they had given specific instructions to “wash before use” and it was the responsibility of the consumer to comply with the same.

  3. Y & Co. will not be liable but the retailer should have reminded the customer to wash the banian before use.

  4. Y & Co. will be liable for using extra sensitive chemicals in such under garments.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

X will not succeed in a suit filed against Y & Co. for compensation because Y & Co. had given specific instructions to “wash before use” and it was the responsibility of the consumer to comply with the same. Hence, Y & Co. is not liable.

Multiple choice

Malicious prosecution is a tort against

  1. police excesses

  2. damaging the dignity of a person

  3. abuse of legal procedure

  4. violation of personal liberty

  5. All of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: It is not against the police excesses. Option (2) is incorrect: It is not against damaging the dignity of a person.

Option (3) is correct: Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. Option (4) is incorrect: It is not against the violation of personal liberty.

Multiple choice

Who will be held liable if a company commits an offence under the IT Act, 2000?

  1. Every person who was in charge of and was responsible to the company

  2. No one. The compnay is not legally a person.

  3. The defaulting employee

  4. Directors of the company

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

(1) Every person who was in charge of and was responsible to the company will be held liable if a company commits an offence under the IT Act, 2000.

Multiple choice

Which of the following is not a valid defence in tort?

  1. Volenti non fit injuria

  2. Vis major

  3. Scienti non fit injuria

  4. Consent

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

Option (3) is correct: Scienti non fit injuria, which means that only knowledge of the risk is not enough to claim defence, there must be acceptance to undergo the results of the risk undertaken. There had to be consent and mere knowledge is not sufficient.

Multiple choice

A private action lies in public nuisance when the damage caused is

  1. direct

  2. substantial

  3. consequential

  4. All of the above

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

Option (1) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

Option (2) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

Option (3) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential. Option (4) is correct: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

 

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 3 is correct as the compensation may not be sometimes adequate relief and thus, the court can order for the specific performance only. Option 1 is incorrect as inability to collect compensation is not a base for specific performance. Option 2 is incorrect because it involves a void contract. The death of a defendant can make the contract void if the contract is of personal nature.

Multiple choice

The liability of a master for acts of his servant in law of torts is called

  1. absolute liability

  2. tortuous liability

  3. vicarious liability

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

Option (1) is incorrect: Absolute liability is a standard of legal liability. Option (2) is incorrect: Tortuous liability arises from the breach of a duty primarily fixed by law. Option (3) is correct: The liability of a master for acts of his servant in law of torts is called vicarious liability.

Multiple choice

Which of the following is not a vicarious liability?

  1. Liability of principal for the tort of his agent

  2. Liability of partners for each others’ tort

  3. Liability of master for the tort of his servant

  4. Liability of parents for the tort of children
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option (4) is correct: There must be a fiduciary relationship between the persons for the application of concept of vicarious liability. No such relation is there between parents and children.