Exception to the defence of volenti non fit injuria

Match the following pairs and select the correct answer from the given below:

a. Damnum Sine Injuria
1. Overseas Tankship (U.K) Ltd. v. Morts Dock & Engg. Co. Ltd.

b. Defamation
2. Nagendra Rao v. State of Andhra Pradesh

c. Remoteness of damages
3. Tolley v. J. S. Fry and Sons Ltd.

d. Vicarious Liability
4. Town Area Committee v. Prabhu Dayal

Assertion (A): A opens a hotel in front of B’s hotel. All the customers of B patronise A. B cannot claim damages from A.
Reason (R): There is a Latin maxim damnum sine injuria
Select your answers using the given below:

The principle of ‘Res ipsa loquitur’ was followed by the Supreme Court in the case of

The famous ‘Six carpenters’ case is related to

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?

A master is liable for the wrongs of his servants if the servant acts:-

A was riding his bicycle on a rainy day on a road which had no street lights. He came in contact with a live wire lying on the road which was inundated with water and got electrocuted. A’s wife brought an action against the Electricity Board for negligence.

Which one of the following is a correct statement?
Nuisance recognises:

The defendants, employees of the Municipal Corporation opened a main hole in the street and in the evening left the mainhole open and covered it by a canvas shelter, unattended and surrounded by warning lamps. The plaintiff, an eight year old boy, took one of the lamps into the shelter and was playing with it there,when he stumbled over it and it fell into the mainhole. A violent explosion followed and the plaintiff sustained bum injuries. The defendants are:

The doctrine ‘rest ipsa loquitur’ does not apply

Which is a case on Injuira Sine Damnum

Projection into plaintiff’s airspace is trespass and not mere nuisance. Is this statement correct?

Act of State means

Res ipsa loquitur is a rule of

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.

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

‘Test of control’ deals with

The term tort has been derived from the Latin term ‘tortum’, which means:

The joint liability in respect of joint tort-feasors arises in which one of the following circumstances?
1. Agency, when one person employs another to do an act which turns out to be a tort.
2. Vicarious liability, i.e., the liability arising from relations.
3. Joint action – where two or more persons combine together to commit an act which amounts to a tort.
Select the correct answer using the given below:

The ‘standard of care’ required in tort of negligence is

Which statement is correct for an act of tort?

Vicarious liability in case of independent contractor does not arise

The plaintiff was travelling in a bus belonging to the State Road Transport Corporation resting her elbow on the windowsill. The bus was moving on the highway outside the town area. A truck coming from the opposite direction hit her elbow as a result of which she received severe injuries. The bus and the truck, however, did not come in contact with each other. The plaintiff claimed damages against the drivers of the bus as well as the truck. On which one of the following grounds were the defendants held liable, if any?

For defamation

The ‘tort of inducement a breach of contract’ finds its origin in

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

One X wrote defamatory letter against Y, a copy of which he sent to the Chairman of the Municipal Committee and other for publication in a local newspaper in which it was duly published. Y sued X and the editor, publisher and management of the newspaper for damages. Subsequently, a sum of Rs. 5,000 was paid by the newspaper by way of damages to Y and an apology was also published in the newspaper. Thereupon Y withdrew his action against the newspaper but not against X. X pleads that the release of other joint tort-feasors amounted to his release also

Whoever by words attempts to excite disaffection towards government established by law, commits the offence of:

The rationale of absolute liability is that the undertakers of hazardous activities have to pay:

Principle: A principal is vicariously liable for the tort of his agent committed within the course of his authority.
Facts: ‘A’, who was about to compete in a car raliy, asked his friend, ‘B’, to drive his A’s car from Delhi to Chandigarh so as to meet ‘A’ there at the end of the rally. ‘B’ was to bring in the car a suitcase for ‘A’, and, after the rally, they were both to take the car and go to Shimla. ‘B’ departed from Delhi but, before reaching Chandigarh, negligently collided with plaintiffs car which was damaged. Plaintiff claimed damages from ‘A’ and ‘B’.

X’ was working at a place over which a crane swung carrying heavy stones. Both ‘X’ and his employer knew that the crane so swung and recognized the possibility of danger if a stone fell from the crane. No warning was given ‘X’ of the swinging time of the crane whenever this took place. Once a heavy stone fell from the swinging crane and injured ‘X’. In a claim for torts, the employer pleaded that there was no liability on the basis of the principle volenti non fit injuria. This plea-

In which of the following cases, Lord Wilberforce opined that “It is necessary to consider three elements inherent in any claim for nervous shock: the class of persons whose claim should be recognized, the proximity of such persons to the incident and the means adopted by which shock is caused”?

The maxim ‘audi alterm partem’ denotes:

Between ‘A’ and ‘B’ and a third person ‘C’ the tort of conspiracy is committed when:

The scope of availability of the defence of violenti non-fit injuria

Match List I with List II and select the correct answer from the given below the lists:

List I (Decided Cases)
List II (Principle Stated)

a. Rylands v. Fletcher
1. Compensation for pain and suffering

b. Donoghue Stevenson
2. Loss caused by competition in business

c. Gloucester Grammer School Case
3. Strict liability

d. Rose v. Ford
4. Liability of minor or torts

5. Liability for negligence

Claim on the basis of ‘No fault liability’ can be made under

Match List-I with List-II with regard to tort of nuisance and answer by using below:

List I
List II

a. Burden of proof, once nuisance is proved
1. Prescription

b. Remedy for the private nuisance
2. Occupier

c. Right to action for nuisance of a temporary nature
3. Abatement

d. Right to commit a private nuisance may be acquired
4. Defendant

In which case did the Supreme Court hold that ‘misconduct envisages breach of discipline’:

On a rainy and windy day, a live wire snapped from an electrical pole. Ram Kumar did not notice the wire and rode his bicycle over the wire. He got electrocuted and died. His widow brought an action for damages against the electricity board.

Which of the following is the correct explanation of the principle of absolute liability?

Rule of absolute liability was propounded by:

Which of the following statements is/are correct?
The maxim ‘Ubi jus, ibi remedium’ means:

Assertion (A): X, a journalist, writes an article containing defamatory matter about the public life of a doctor. X when sued, will not be liable.
Reasons (R): A journalist is privileged in writing on matters of public interest.

Which of the following case is not related to ‘Remoteness of Damage’?

A’ was carelessly driving his car at 50 km/hr. at a busy street in the city and hit B injuring his leg. On these facts the Supreme Court of India held that ‘A’ is liable to pay compensation to ‘B’. It means that the Supreme Court laid down the law that the injured party is entitled for compensation in all cases of:

When the plaintiff himself is a wrongdoer, he is not disentitled from recovering in tort unless some unlawful act or conduct on hisown part is connected with the harm suffered by him as part of the same transaction’ is stated by

What is the reason for larger number of cases relating to Tort of Malicious Prosecution and Defamation:

The Slander of Women Act which made the imputation of unchastity or adultery to any women or girl, actionable per-se, was enacted in

X while travelling as a passenger in a railway, was injured on account of the negligence of the railway, an action lies:

An overloaded rickshaw with three adults and a child on it. While being driven on the correct side of the road, is hit by a bus being driven at high speed and coming on the wrong side. Which one of the following is correct in this context?

There is difference between the torts of libel and slander. Which of the following is not correct?

Unreasonable interference in the use or enjoyment of land resulting in some damage constitute:

A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, where by A was injured. The fact that B was habitually negligent about the carriages which he let to hire is:

Tort is a civil wrong for which the remedy is a 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

Act of God is a valid defence to the rule of strict liability, that signifies

Vis major is a defence for the torts of

The “Absolute liability” theory as the basis for liability in tort for industrial injuries was propounded by:

In the case of a libel or slander of a partnership firm

In a claim for malicious prosecution, damages can be claimed on account of

Consider the following statements:
1. A Circus Company keeps wild animals and trains them. One of them escapes and causes injury to a spectator. Company is not liable.
2. A person who brings and keeps any dangerous thing, keeps it at his risk, if it escapes and causes damages he is liable. Of these statements

A civil wrong is one which gives rise to

Torts of conspiracy occur where:-

Two dogs belonging to two different owners acting in concert attacked a flock of sheep and injured several sheep. In an action for damages brought against the owners of the dogs, if one of them put in defence claiming that he was liable for one-half only of the damage, then which one of the following statements is legally sustainable in the above case?

The term ‘pari-passu’ means

Action of tresspass can be brought by a person

Nuisance’ is interference with a person’s right relating to

Vicarious liability commensurates with that of

For an action of tort of negligence to be successful, which of the following is required to be proved

Principle: A common carrier owes to its passengers the highest degree of care which a prudent man would be expected to exercise under similar circumstances.
Facts: A couple entered the premises of an amusement park after obtaining a ticket for entry and paid the special fare for the roller coaster ride. The lady received an electrical shock while she and her husband were boarding the roller coaster. She had to be admitted in the hospital for treatment. Her husband moves the court against the operator of the ride.
Is the operator of the ride liable?

The doctrine of the liability of the master for acts of his servant is based on the maxim

In case of tortuous liability, an act done under the authority of a statute-

One Y suffered serious injuries in a railway accident. He was assisted by a surgeon, X, on the evidence of whose Y succeeded in recovering heavy damages against the Railway. Later on it was reported to the Railway that Y did not suffer so serious an injury as was made out by X who fraudulently created those symptoms. On legal advice obtained by the Railway, X was prosecuted but he was acquitted. He brought a suit against Railway for malicious prosecution.

For fixing vicarious liability of master in tort for the wrongs committed by servant, master servant relationship is determined on the basis of:

If a person wants to bring an action under Law of Torts for the tort of public nuisance, he must have to prove that

The concept of absolute liability was developed by the Supreme Court of India in M. C. Mehta v. Union of India, the judgment of which was delivered by:

Vidyawati v. State of Rajasthan is a case Law relating to

An act done as Act of State has to be justified

In a suit, for defamation, a defendant can plead privilege to two kinds

Which of the following is not an essential of tort?

Tort is redressible by an action

Proceedings in Parliament & State Legislatures are

British Columbia Company v. Loach, 1949 All ER is a case which is related with the torts of

‘False imprisonment’ means

Following are good defences to an action in torts:
1. Volenti non fit injuria
2. Scienti non fit injuria
3. Vis major
Choose the correct answer by using the given below

With regard to the contractual capacity of a person of unsound mind, which one of the following statements is most appropriate?

As a result of a collision between two buses a passenger in one of the buses died. The accident occurred due to negligence of the drivers of both the buses. In a suit by the legal representative of the deceased against owners of both the buses, which one of the following statements is legally sustainable?

In public nuisance, a private right of action lies:

Tort involves

About five firms of shipowners who were engaged in carrying tea from India to European countries combined together and offered forty per cent discount off freight booked through anyone of the five companies. This resulted in the monopoly of trade by them and totally ruined two other shipping companies engaged in the same business.

Under the Law of Torts, a minor . . . . . . . .

The essential characteristics of tort is, violation of

When the negligence of two or more persons results in the same damage, this is called

What is ‘fellow servant’ Rule?

X, a fruit dealer, gives his agent Y a van for the supply of fruits to the customers. Y goes for free ride with his friend Z, and commits an accident resulting in an injury to A.
Which one of the following is correct?

A was negligently by B, a medical doctor. Consequently A dies. Because of the death of A his daughter C could not marry D. C claims damages from B, asserting that her failure to marry D was a direct consequence of doctor’s negligence in treating her father. Will she succeed?

When does the tort of conspiracy exist?

The ‘Principle of Respondent Superior’ under the law of torts is related with the torts of

Match the following:-

a. Volenti non fit injuria
1. The damage is not to an interest protected by the law of tort

b. Res ipsa loquitur
2. Right of third party

c. Damnum sine injuria
3. Facts themselves speak

d. Jus Tertii
4. No man can enforce a right which he has voluntarily waived or abandoned

5. Some interests are so important that their violation is an actionable tort without proof or damage