51
Which of the following is a better definition of tort? Tort is a
A)
Civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortuous act
B)
Social wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the wrong
C)
Breach of liberty that causes someone else to suffer loss or harm resulting in legal liability
D)
Actionable claim against a person for causing harm
Answer & Solution
Answer: Option
A
52
Which of the following defences are available to an action for defamation?
A)
Justification or truth, fair comments as well as privilege, which may be either absolute or qualified
B)
Fair comments
C)
Jurisdiction or truth
D)
Privilege, which may be either absolute or qualified
Answer & Solution
Answer: Option
A
53
While D was on a drive in his two horse carriage, a dog barked and pounced on the horses, thereby the horses got scared and became unmanageable and injured P, a pedestrian. P sued D. What defence is available to P?
A)
Contributory negligence
B)
Inevitable accident
C)
Vis major
D)
No defence is available as D was negligent
Answer & Solution
Answer: Option
B
54
For the defence of Volenti non fit injuria' all, but one, should be proved concurrently
A)
That the plaintiff had knowledge of the risk
B)
The he fully appreciated the risk
C)
That he freely and voluntarily accepted the risk
D)
The act causing the harm must go beyond the limit of what has been consented
Answer & Solution
Answer: Option
D
55
A civil action for trespass to real property is sustainable
A)
If there is wrongful entry into property of another
B)
Only if the wrongful entry into the property of another is with violence
C)
Only if the wrongful entry into the property of another is accompanied with theft
D)
Only if the wrongful entry into the property of another is with criminal intention
Answer & Solution
Answer: Option
A
56
The nature of joint tort feasors liability is
A)
Joint
B)
Several
C)
Joint and Several
D)
Joint but not several
Answer & Solution
Answer: Option
C
57
The rule of strict liability is contained in
A)
Danoghue v. Stevenson
B)
Rylands v. Fletcher
C)
Lloyd v. Grace, Smith & Co.
D)
Ormord v. Orosville Motors Service Ltd.
Answer & Solution
Answer: Option
B
58
For the tort of defamation, the presence of malice destroys
A)
The defence of qualified privilege
B)
The defence of absolute privilege
C)
The defence of both absolute and qualified privileges
D)
The defence of neither absolute privilege nor qualified privilege
Answer & Solution
Answer: Option
A
59
The primary aims of the law of damages is to:
A)
Punish the party who has committed the breach of contract
B)
Enrich the party who sustained the loss
C)
Place the party who sustained the loss in the same position as if the contract has been performed
D)
Give some type of compensation
Answer & Solution
Answer: Option
C
60
Test of directness for determining the remoteness of damage has been applied in
A)
Re Palemis and Furness Withy and Co. Ltd.
B)
Overseas Tankship (U.K.) Ltd. v. Morts Dock and Engg. Co. Ltd.(Wagon Mound No.1 Case)
C)
Hughes v. Lord Advocate
D)
Doughty v. Turner Manufacturing Co. Ltd.
Answer & Solution
Answer: Option
A
