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11
Res ipsa loquitur is a rule of
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Answer: Option D
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12
The maxim 'audi alterm partem' denotes:
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Answer: Option B
Solution:
The Latin maxim 'audi alteram partem' translates to "hear the other side" or "no one shall be condemned unheard." This principle is a fundamental aspect of natural justice and procedural fairness in legal proceedings. It implies that all parties involved in a dispute should have the opportunity to present their side of the case and provide evidence before a decision is made. The principle ensures that decisions are made based on a complete and unbiased understanding of the situation, and it upholds the right to a fair hearing for all parties.

Option A: No one shall be judge of his own cause
This option is incorrect. The maxim "nemo iudex in causa sua" pertains to the principle that no one should be a judge in their own case. It emphasizes the importance of impartiality in legal proceedings.

Option C: Rights are better than duties
This option is incorrect. The maxim "rights are better than duties" is not directly related to the principle of 'audi alteram partem.'

Option D: None of the above
This option is incorrect. The correct answer is Option B: No one shall be condemned unheard, as it accurately represents the meaning of the maxim 'audi alteram partem.'
13
X, a mill owner, employed independent contractors to construct a reservoir for his mill. During the course of construction the contractors came upon some old shafts and passages on the land of X. The contractors did not block them. When the reservior was filed, water burst through the old shafts and flooded the mines of 'Y'. 'Y' sued 'X'. 'X' was held liable. He could have not been liable if he could show that
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Answer: Option C
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14
Which of the following is not an essential of tort?
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Answer: Option C
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15
In deciding the question of negligence by professionals, the classical statement of law which has been widely accepted as decisive of the standard of care required both of professionals generally and medical practitioners in particular is popularly called
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Answer: Option C
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16
'Test of control' deals with
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Answer: Option A
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17
Choose the correct statement
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Answer: Option A
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18
Consider the following statements:
It is necessary for false imprisonment that
1. A man's person must be touched.
2. The person should be placed under restraint.
3. The imprisonment may be made while the person is conscious or not.
Which of the statements given above are correct?
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Answer: Option C
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19
Which one of the following statements is correct?
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Answer: Option D
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20
In which of the fallowing case the Supreme Court held that the jurisprudential concept of negligence differs in civil and criminal laws; what may be negligence in civil law may not necessarily be negligence in criminal law.
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Answer: Option A
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