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Topics of Law Test 33

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Topics of Law Test 33
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  • Question 1
    1 / -0
    Transfer of Property Act $$1882$$ covers ______________.
    Solution
    The Transfer of Property Act 1882 covers immovable property which a living person conveys in present or in future to one or more other living persons.  
    The term immovable property includes land, things attached to the land, or the things that are permanently fastened to the things attached to the land. 
    Hence, the correct answer is B.
  • Question 2
    1 / -0
    Legal Principle: A parent is not liable for tort committed by his/her child except when the parent affords the child an opportunity to commit to the tort.

    Factual Situation: A mother takes her seven-year-old son with her to market. On reaching the market, she shuts the car ignition, pulls the handbrake and puts the car in gear. She leaves her son in the car only. The child starts playing in the car and while doing so he releases the brakes and pushes the gear lever to neutral. As a result, the car starts moving down the road and runs down a pedestrian.

    Question: What is the liability of the mother?
    Solution
    1. In order to succeed in an action for negligence, the plaintiff must prove the following five things:
    1. The defendant(mother)was under a legal duty to exercise due care and skill, as there cannot be any liability for negligence unless there is a breach of some legal duty.
    2. That the duty was towards the plaintiff ( pedestrian on the road)
    3. That, in the circumstances of the case, the defendant failed to perform that duty that is, the duty to exercise due care and skill( here as she left the child unattended)
    4. That the breach of duty was the causa causans, that is, the direct and proximate cause, of the damage complained of. ( Unattended child= accident)
    5. That the damage was caused on account of this breach of duty (accident was caused as she failed to perform her duty of looking after her child)
    And also the doctrine of contributory negligence does not generally apply to children, it is no defence to say that the child itself was negligent, for negligence is a state of mind, and children are not expected to have sufficient intelligence to judge as accurately or as quickly as an adult, and also here in this case the child was just seven year old lacking the sufficient maturity and understanding.
  • Question 3
    1 / -0
    Ultra vires implies ________________.
  • Question 4
    1 / -0
    Under the rule of vicarious liability, ______________________.
    Solution
    Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship with the person who did act negligently. It can also be called as imputed negligence. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. However in this case the independent contractor works independently i.e. he/she is not under the control or supervision of the employer.Hence employer is not liable for the torts committed by an independent contractor.
  • Question 5
    1 / -0
    Which of the following is/are the exception/exceptions to the strict liability rule?
    Solution
    In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant needs to only prove that tort occurred and that the defendant was responsible. The law applies strict liability to those situations it considers to be inherently dangerous.Option A,B and C are exceptions to the strict liability rule.
  • Question 6
    1 / -0
    Inevitable accident means ___________________.
    Solution
    Inevitable accidents are those accidents, as evident from the name, which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. It is also known as unavoidable- accident doctrine. The doctrine of inevitable accident is a significant defence in the law of tort.
  • Question 7
    1 / -0
    'Tort is a civil wrong for which the remedy is common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.' This definition of 'Tort' is given by _______________.
    Solution
    The definition provided by Salmond fails to appreciate the essential features of tortious acts. The definition states that, tort is a wrong but it fails to explain what is wrong and what are the types of wrongs. The expression "civil wrong" requires for further explanation. 
  • Question 8
    1 / -0
    In which case the following rule was laid: 'We think that the truth of law is that the person who for his own purposes brings on his lands and keeps there anything likely to do mischief if it escaped, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default; or perhaps that the escape was the consequence of Vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.'

    The above lines relate to which case?
  • Question 9
    1 / -0
    Conspiracy is _______________.
    Solution
    The word "conspiracy" states the kinds of agreements in both civil and criminal cases, although certain elements required in each kind of case may be different. A civil conspiracy only requires that the conspirators have made some kind of agreement, either to do an illegal act or to commit a tort. But, a criminal conspiracy requires the defendant to have done something toward completing the conspiracy's goals, in addition to agreeing to do an illegal act.
  • Question 10
    1 / -0
    The defence of volenti non fit injuria, is not available ___________________.
    Solution
    The defence of violent non fit injuria absolves the tort- feasor from any liability, if it is proved that the tort arose out of an informed and wilful act of the injured/aggrieved party. Hence, the consent of the injured/aggrieved party forms the essence of this defence. It is crucial that the consent must be free.
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