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

Tort is infringement of a

  1. right in personam

  2. right in rem

  3. both right in personam and right in rem

  4. neither right in personam nor right in rem
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Right in rem is a right enforceable against the entire world. Tort is infringement of a Right in rem.

Multiple choice

A master is liable for the tort committed by his servant. The servant acts

  1. for the benefit of his master

  2. during his duty hours

  3. in the course of his employment

  4. to the detriment of the plaintiff
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option(3) is correct.Under Vicarious liability an employer can be held liable for the unlawful actions of an employee. Even though the employer is not the one who committed the unlawful act. 

Multiple choice

Torts ‘Actionable perse’ are those torts

  1. in which the plaintiff will have to prove special damage

  2. in which liability arises without intention or negligence

  3. in which some public right is infringed coupled with particular damage

  4. in which the plaintiff can sue even though he has suffered no actual loss
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option (4) is correct: Torts which are actionable per se are without proof of actual damage. The defendant is liable merely because he does a particular Act, even though the plaintiff has not suffered the slightest harm. Option (1) is incorrect: Plaintiff need not to prove special damages. Option (2) is incorrect: In a tort  will be intentional or a negligent. Option (3) is incorrect: Infringement of Public right is not an element to determine a tort which is actionable perse.

Multiple choice

Strict liability under law of torts means

  1. liability that is very severe

  2. liability for any dangerous activity

  3. liability without the need to establish fault

  4. liability for mass torts
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under law of torts, strict liability is the imposition of liability on a party without finding of fault.

Multiple choice

The exception of ‘Act of God’ was attached to

  1. the rule of strict liability

  2. the rule of absolute liability

  3. the rule of contribution

  4. joint tort feasors
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: Under Law of Torts, strict liability is the imposition of liability on a party without finding of fault. God cannot be held liable for any of his acts. Option (2) is incorrect: Absolute liability is the imposition of liability on a party who has committed an act with a guilty mind. Options (3) and (4) are incorrect: Contribution and joint liabilty is required for a tort to make a person liable.

Multiple choice

An appropriate remedy for tort is an action for

  1. injunction

  2. prosecution

  3. unliquidated damages

  4. all of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (3) is correct: This means that the defendant must be compensated for his loss. Option (1) is incorrect: Injunctions are issued only "when the remedy at law is inadequate." Option (2) is incorrect: Prosecution is done only under criminal law and tort is a civil wrong.   

Multiple choice

There is a children’s school by the side of a highway. While classes are going on, two children of the school stray on the highway. A truck is moving on the highway at normal speed. While trying to avoid hitting the children, the truck collides with a bullock-cart. One person is injured, the bullocks die and the truck is also damaged. Which one of the following propositions correctly describes the liability?

  1. The school administration would be liable because they were negligent.

  2. The truck driver shall be liable because he did not take care.

  3. The bullock cart puller would be liable because he has not taken due care.

  4. The children would be liable as they have contributed to the accident.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option(1) is correct: Negligence is a failure to exercise the care that a reasonably prudent man would exercise in like circumstances. Option(2) is incorrect: The truck driver has taken due care. Option(3) and (4) are incorrect:The bullock cart puller and the children are not at fault. 

Multiple choice

In the absence of proper reference, the banker can be held liable on the grounds of

  1. negligence

  2. connivance

  3. crime

  4. arrogance
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

In the absence of proper reference the banker, can be held liable on the grounds of negligence. Following are the duties of the bank, which when bank fails to carry out, can make it liable due to negligence

  • To ensure crossing and special crossing
  • To take into account the state of customer's account
  • To open the account with proper references and documentary proof etc. 
Multiple choice

Indemnifier's liability in a contract of indemnity is

  1. primary

  2. secondary

  3. collateral

  4. discretionary
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The liability of the indemnifier in the contract of indemnity is primary. If we talk about guarantee, the liability of the surety is secondary because the primary liability is of the debtor.

Multiple choice

Which of the following statements is/are true?

(i) There are three parties to a contract of indemnity, the indemnifier, the indemnity holder and the person on whose behalf the indemnity is given. (ii) Indemnifier’s liability occurs only if the indemnity holder suffers loss. (iii) Contract of Indemnity can not have all the essentials of a valid contract. (iv) Indemnity can be treated as a sub-species of compensation

  1. (i), (ii) and (iii)

  2. (ii) only

  3. (ii) and (iii)

  4. (ii) and (iv)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(i) is false. There are two parties to a contract of indemnity, Indemnifier and Indemnity holder. (ii) is true. Loss to the indemnity holder is essential, otherwise, the indemnifier cannot be held liable. (iii) is not true. Contract of Indemnity should have all the essentials of a valid contract like free consent, legality of object, etc. Consideration in this case can be anything done, or any promise made which serves as motivation behind the contract. (iv) is true. Indemnity can be treated as a sub-species of compensation and a Contract of Indemnity is a species of contracts

Multiple choice

What punishment may be awarded to the person whose act is covered under general exceptions?

  1. No punishment

  2. Half of the punishment prescribed for that offence

  3. One-fourth of the punishment prescribed for the offence

  4. Depends upon the discretion of court

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

Correct Answer: No punishment Nothing is an offence which is done by a person who is or who by reason of a mistake of fact, and not by reason of a mistake of law, in good faith believes himself to be bound by law to do it.