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
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Vicarious liability
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Remoteness of damage
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Strict liability
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Act of God
B
Correct answer
Explanation
Novus actus interveniens (new intervening act) breaks the chain of causation, making damage too remote. It's used to determine REMOTENESS of damage - whether an intervening act was sufficiently independent and unforeseeable to break liability. This is different from vicarious liability (employer responsibility), strict liability (no fault needed), or Act of God (natural disaster). Option B correctly identifies remoteness.
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A specific tort
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s a good defence if injury to risk is consented
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Is a good defence if there is knowledge of the risk
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Is a good defence in cases of rescue
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The plaintiff
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Plaintiff as well as the defendant
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Defendant
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None of the above
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(A) is correct, but (R) is wrong.
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(R) is correct, but (A) is wrong.
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Both (A) and (R) are correct.
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Both (A) and (R) are wrong.
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Technical exceptions
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Because of the absence of vicarious liability of the employer for the fault of the contractor
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Because of breach of duty
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Cases where the employer is made liable for his own fault or breach of duty.
A
Correct answer
Explanation
Employers are generally not vicariously liable for independent contractors' acts, but exceptions exist for inherently dangerous work, employer's own negligence, non-delegable duties, and unauthorized work by contractor. 'Technical exceptions' broadly encompasses these recognized categories where employer liability attaches despite the independent contractor relationship.
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ubi Jus ibi remedium — where there is a right there is a remedy
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res ipsa loquitur — things speak for themselves
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damnum sine injuria — damage without injury
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injuria sine damnum injury with damage
D
Correct answer
Explanation
This question tests Latin maxims in law. Options A, B, and C are correctly matched. However, option D incorrectly states 'injuria sine damnum' means 'injury with damage' - it actually means 'injury without damage' (legal wrong without financial loss). Since the question asks which is NOT correctly matched, D is the right answer.
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Common object
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Common intention
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Vicarious liability
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Deemed to be guilty
B
Correct answer
Explanation
Section 34 of the Indian Penal Code, 1862 establishes joint liability when a criminal act is done by several persons with common intention. The requirement for fixing joint liability specifically depends on common intention - a prior meeting of minds to commit a particular crime. Common object alone is insufficient for joint liability under this section.
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Liability for damage is not too remote
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Liability is too remote
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There is no liability
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Liability for consequences does not arise
A
Correct answer
Explanation
In tort law, the concept of 'remoteness of damage' determines whether a defendant can be held liable for consequences that were too far removed from their wrongful act. The key principle is that if the type of damage was foreseeable, liability cannot be avoided on grounds of remoteness. The Wagon Mound case established that reasonable foreseeability of the type of harm is the test for remoteness.
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Unliquidated damages
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Liquidated damages
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Damages of all kinds
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No damages
A
Correct answer
Explanation
A tort is defined as a civil wrong (as opposed to a criminal wrong) for which the primary remedy is an action for unliquidated damages. Unlike liquidated damages which are predetermined amounts specified in contracts, unliquidated damages are determined by the court based on the actual loss suffered. This distinction is fundamental - tort compensates harm through court-assessed damages rather than fixed penalty amounts.
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by accident
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by negligence of his co-workman
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when the workman was under the influence of drink or drugs
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The workman had given consent to the risk of injury
C
Correct answer
Explanation
Under Workmen's Compensation Act, employers are NOT liable when injury results from the workman's own fault - specifically being under influence of intoxicants (Section 3(2)(a) exception). The employee's deliberate impairment breaks the causal chain required for employer liability. Other options (A, B, D) all represent situations where compensation would typically be payable.
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a claim in torts for medical expenses though not for a loss of income
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a claim in torts for loss of earning capacity
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no claim in torts because the injury was not intentionally caused
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no claim in torts because of the principle volenti non fit injuria.
D
Correct answer
Explanation
Volenti non fit injuria is a defense in tort law meaning 'to a willing person, injury is not done.' When a person voluntarily participates in a sports event, they impliedly consent to normal risks inherent in that sport. This includes injuries sustained during normal play, even if serious, as long as they are not caused intentionally or outside the rules of the game. The participant cannot then claim damages for injuries they voluntarily risked.
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(1) (2) (3) (4)
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(4) (1) (2) (3)
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(2) (3) (4) (1)
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(3) (1) (2) (4)
D
Correct answer
Explanation
The correct chronological sequence begins with the common law doctrine 'Damage should rest where it lies' (earliest), followed by the 'last opportunity rule' developed in Davies v. Mann (1842), then the Law Reform (Contributory Negligence) Act, 1945 (statutory reform), and finally the principle that 'Damages are apportioned according to the fault of the plaintiff and defendant' (the modern system established by the 1945 Act). This evolution shows the gradual shift from harsh common law rules to more equitable apportionment of damages.
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Tort is a civil Wrong
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Tort is both civil and criminal wrong
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Ion is only criminal wrong
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None of these
A
Correct answer
Explanation
A tort is fundamentally a civil wrong - it causes private harm and provides civil remedies (compensation). While some torts may also have criminal aspects (like assault), the defining characteristic of tort is that it's civil in nature, providing private law remedies. Option A correctly states this fundamental feature.
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Stipulated amount, if actual loss is proved
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Stipulated amount, even actual loss is not proved
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Reasonable amount but not more than stipulated amount
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Reasonable amount, even more than stipulated amount if loss is proved
C
Correct answer
Explanation
Under Indian Contract Act, Section 74, when a contract contains a penalty stipulation, the aggrieved party can claim reasonable compensation not exceeding the stipulated amount. Courts are not bound by the penalty amount and award only actual loss proved, subject to the penalty ceiling. Option D is incorrect because compensation cannot exceed the stipulated amount regardless of proved loss.
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When it is considered that an action should never have been bought
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When the purpose of the action is merely to establish a right
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When it is necessary to compensate the plaintiff
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To punish the defendant and to deter him from similar conduct in future
D
Correct answer
Explanation
Exemplary damages (also called punitive damages) are not meant to compensate the plaintiff - that's the purpose of compensatory damages. Instead, they aim to punish the defendant for particularly egregious conduct and deter similar behavior in the future.