pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY.202%-22 FINAL TEE: BA/ BBA LL.B. (Hons)_ Law of Tort_ Semester | _A.Y. 2021-22 manya.garg269@nmims.edu.in Switch account @® draft saved Your email will be recorded when you submit this form Each Question carry 1 Mark each Assertion (A) - Tortious liability arises from the breach of duty primarily fixed by the law: this duty is towards persons generally and its breach is redressed by an action for unliquidated damages. Reason (R) - The premise of tort law is to allocate responsibility for injurious conduct. @ Both A &Rare correct and R is the correct explanation for A. CO Both A &Rare correct but R is not the correct explanation for A. CO Ais correct but Ris false, CO Both A&Rare false. Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr9Qia_ hWxs49mbTxfVRONP4-JHig28Mo7sO8C-NEXAZgiormResponse 1128pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Which of the following acts amounts to assault? © Throwing garbage in front of someone's house © Throwing boiling water on someone © Slapping someone on the head from behind © Brandishing a sword at someone for threatening him Clear selection Which of the following is the Rule inRylands v Fletcher? © Aperson who collects and keeps water on his land isnot liable for the damage it may cause if it escapes. © A person who collects and keeps or brings something non-natural onto his land is liable for all the damage which is the natural consequence of its escape. ‘A person who collects and keeps or brings something non-natural onto his land, which © is likely to do mischief if it escapes, is liable for all the damage which is the natural consequence of its escape. © Abetson who collects and keeps or brings something non-natural onte bis land and ently allows it to escapes, is liable for all the damage it causes. Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponsepita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Which of the following statements is incorrect for establishing the tort of battery? CO Battery requires actual contact (may be indirect) with the body of another person. CE Battery also includes use of force by passive obstructions like a wall / door. © is intentional and direct application of force to another person without any lawful Justification @ Us" of for00, however tual i enough o constitute bettors physleal hurt need not ba there. Clear selection X, while driving a car, suddenly became unconscious and fell back in his seat. The car became uncontrolled, it hit and killed Y. What will be the liability of X? Choose the most appropriate answer- © Azudten loss of consciousness ar physical capacity fe not ressonably foreseeable and can be taken as a valid defence to a negligence action by X. © Xcannot be made liable as he can claim contributory negligence by Y as a defence. © A:udien loss of consciousness or physical capacity is reasonably foreseeable and can be made liable for negligence. © Cannot be determined. Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponse 3126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Which of the following is not considered as a commercial purpose under the ‘Consumer Protection Act for the purposes of determining whether the person can be considered as a consumer? Purchasing a V.C.R. for running a video library. Purchasing a truck for plying it as a public carrier by himself. Purchasing a car to run it as a taxi by another person. Purchasing a computer to be used by the office employees. C00 © Clear selection A ajail official, forcibly feeds a prisoner who has been on hunger strike for the past 20 days. He feeds him against his (prisoner's) will for the purpose of saving his life. In this situation, which tort has been committed by A? CO Battery © False imprisonment ©@ None of the above © Assauit Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponsepita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Why is a reasonable person test used to determine breach of duty ina negligence case? oO 00 © Because each tort case is quite similar. Because a breach of duty occurs when a person does not exercise the standard of care that a reasonable person would in the same situation, Because negligence involves being reasonable Because only reasonable persons are involved in breaches of duty. Clear selection Mr. A, after a theft had been committed in his house, informed the police that he suspected Mr. B for the same. The police arrested Mr. B, but he was subsequently discharged by the magistrate. Whether Mr. B can file a case of malicious prosecution against Mr. A? oO Oo O © Yes, Mr. Bis capable of filing a suit for malicious prosecution against Mr. A as there was absence of reasonable and probable cause when Mr. A informed the police, Yes, Mr. Bis capable of filing a suit for malicious prosecution against Mr. A as the proceedings were terminated in favour of Mr. A. No, Mr. B cannot file a suit for malicious prosecution against Mr. A as there was no prosecution but only police proceedings. Yes, Mr. B is capable of filing a suit for malicious prosecution against Mr. A as there was malice when Mr. A informed the police. Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponse 9126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Which of the following illustrations can fall within the application of strict liability? CO Ailveelectic wire was ying on the road while it was raining and Mr. 8 who was passing the road gets electrocuted as soon as he steps on the wire. CO Allthe illustrations. @ Aisetory working with high explosive, suffers an explosion inside the factory due to which some employees working within the factory are injured, © Abranch of a non- poisonous tree growing onthe land of Mr. , overhung onthe highway, suddenly broke and fell on Mr. B's vehicle passing along the highway. Clear selection In which of the following situations the law of tort will be applicable- © Loss inflicted on individual traders by bona fide competition in trade. © Where the harm is too trivial, too indefinite or too difficult to prove, © Where there is, no damage caused but a legal right have been violated. © Damage caused by defamatory statements made on a privileged occasion. Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponsepita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Mr. B is an advocate who represents Mr. Z on his matter relating to a dispute of land in the High Court. The matter was put forth before the Court on 30/01/2022, but due to an announcement of sudden strike of lawyers by the state bar council in respect of Chamber allotments and increase in the number of chambers, Mr. B did not appear before the Court for the matter. As a consequence of this, an ex- parte decree was passed by the Court against Mr. Z. Whether Mr. Z have any remedy against Mr. B? © Yes, Mr. Z can approach the court under the Advocates Act. No, Mr. Z will not have any remedy against Mr. 8 as it his right to participate in a lawful strike approved by the bar council and it does not amount to negligence. and sue him for the damages incurred by him due to such negligence. No, Mr. Z will not have any remedy against Mr. B as it was a lawful strike approved by © Yaz: Mt.Zean approach the court on the grounds of professions! negligence by Mr. 8 O the bar counc Clear selection In Dr. Ram Raj Singh v. Babulal, the defendant erected a brick grinding machine adjoining the premises of the plaintiff, who was a doctor. The dust generated by the machine entered the plaintiff's chamber and caused physical inconvenience to him and his patients. This is a classic case of - CO Itis not nuisance, rather negligence. @ Private Nuisance © Both public and private nuisance © Public Nuisance Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponse 128pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Which of the following is not the ‘non- sovereign’ functions? © Construction of a military road. © Carrying military jawans from Railway Station to the Unit Headquarters. © Asovernment jeep being taken from the workshop to the Collector's bungalow. © Maintenance of dockyard, Clear selection Mr. A owns a very famous Durga Temple and offers Prasad (food) to the idol every day without fail. This Prasad is then distributed to the needy and poor in the locality nearby. This Prasad is being offered for more than 10 years now and there are few families who have been surviving on this Prasad for past 10 years. Mr. A had to visit London, due to an emergency in his family staying in London. In the rush that he left, he could not make any arrangements for the Prasad. As a result, the people did not get any food for almost a month. After a month the people approached the Court for damages against Mr. A, for his omission in offering Prasad. Which of the following is the most favorable outcome? M-Avill be made liable as this amounts to violation ofthe legal right ofthe people to eat food, Mr. A will not be held liable as this does not amount to violation of any legal right and the maxim of injuria sine damnum can be applied here. @ MtAvillnat be hed able as this does nat amount ta voltlon of ny lag ght and the maxim of damnum sine injuria can be applied here. Mr. A will be held liable by applying the maxim of injuria sine damnum. Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponse 8126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Apurchased a bike for his son D. D was using it and taking it to the seller for repairs and services from time to time. Later he had a complaint regarding the bike so he sued the seller. The seller pleaded that D did not buy the bike and therefore cannot be considered as a consumer under the Consumer Protection Act. Choose the most appropriate option © Detonatbe consilered asa consumer under the Consumer Protection Act he ls using it for commercial purposes. D can be considered as a consumer under the Consumer Protection Act as he is using the bike and the consent of Ais of no relevance. the bike with the consent of A. D cannot be considered as a consumer under the Consumer Protection Act as he did @ Dembe considered 29 a consumer under the Consumer Protection Actas het using O not pay the consideration, Clear selection Assertion (A)- Service rendered at a Government or non- Government hospital/ nursing home where charges are required to be paid by persons who are ina position to pay and persons who cannot afford to pay are rendered service free of charge would fall within the ambit of the expression ‘service’ irrespective of the fact that the service is rendered free of charge to persons who are not ina position to pay for such services. Reason (R)- A service rendered free of charge cannot be treated as a service for the reason that it has been rendered by a medical officer in the hospital who receives salary for employment in the hospital. © Both A &Rare correct but R is not the correct explanation for A. © Both A&R are correct and Ris the correct explanation for A CO Botha &Rare false. O Ais correct but Ris false Clear selection hitpsdoce. google. comiformsde/FAlpQLSdgr2Qia_ hWxe49mbTxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponse 9126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 To establish reasonable and probable cause, the defendants needs to establish that- © The facts were such as to constitute a prima facie case, CE Allthe other mentioned options © He honestly believed his allegations to be true. © He took care to be informed of the facts, Clear selection Mr. X, a friend of Dr. Y (a general physician) suffers severe bruises on his hands and legs due to an accident on bike. Dr. Y has his own clinic and charges Rs. 200/- as a consultation fee. However, since Mr. X was a friend, therefore, he did not take any charge from him for the whole treatment. But as a result of this treatment, Mr. X developed a skin disease due to the medication prescribed by Dr. Y. Does Mr. X have any remedy under the Consumer Protection Act? O Ne.Me X cannot make Dr. ¥ responsible under the Consumer Protection Act, a Mr. x cannot be considered as a consumer under the CPA. Yes, Mr. X can make Dr. Y responsible for medical negligence under Consumer Protection Act. Yes, Mr. X can make Dr. Y responsible under the Consumer Protection Act, as Mr. X © canbe considered as a consumer under the CPA because Dr. Y runs a profitable clinic. Yes, Mr. X can make Dr. Y responsible for medical negligence under Consumer Protection Act and for negligence as a separate tort under torts. Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 10126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 The definition of service under the Consumer protection Act, excludes free service and contract of personal service. However, the courts have included certain free services to be considered as a service to include services given by the profitable institutions to certain people for free of charge as charity. © The statement is true. © The statement is partly true and partly false, © The statement is false. © Cannot be determined. Clear selection P, a police constable, searched a person A on his arrest, and seized a sum of Rs. 5000/- believing the money to be stolen property. Can A sue the Government for recovery? Choose the most appropriate answer. © Government cannot be made liable for the damages under vicarious liability. @ [such cases majorly the Governments not convicted under vicarious liaility unt they are not negligent in appointing the person. CE Itdepends on the judicial authority. © Government can be made liable for the damages to A under vicarious liability. Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 26pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Mr. Awas going in a public street when a barrel of flour fell upon him from the Mis Z & Co.'s warehouse window. As a result Mr. A suffered serious injuries in his head. He wants to sue the Company for damages. Which is the most favourable outcome? O W/82 co cannot be made liable fr damages onthe account of negligence but Mr A.can rely upon res ipsa loquitor. © W/s2.& G0.0an be made Hable for damages on the account of nagiigance and Mr A can rely upon res ipsa loquitor. © M/s2& C0 cannot be made liable for damages and Mr. A cannot rly upon res ipsa loquitor. @ i824 0.can be made lable for damages on the account of negligence but Me A cannot rely upon res ipsa loquitor. Clear selection Which of the following is incorrect statements in relation to trespass to goods- © Intrespass, the gist of the action is the force and indirect injury inflicted. © Detinue is an action under which the plintif ean recover the goods from the defendant when the same are being wrongfully detained by the latter. © neettain cases a person is entitled to immediate possession i allowed to sue in trespass so that the conversion may, but does not necessarily, include trespass. Conversion consists in wilfully and without any justification dealing with goods in © such a manner that another person, who is entitled to immediate use and possession of the same, is deprived of them, Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 1226pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Which of the following statements is incorrect? CO Selina 2 packet of biscut, whose actual weight I 150gms as opposed tothe 1@0gms as printed on the packet, amounts to unfair trade practice. © *sentee detoutor, induces his customers to buy a coffee maker asa condition to give coffee powder, This amounts to restrictive trade practice. © The commoniy found eaption- goods ones sold wll note taken back, amounts to unfair trade practice ‘A,an electronic vendor, puts an offer on the combo of a phone and a speaker on a reduced price of Rs. 50,000/- as opposed to the individual price of the phone being ©® ‘ins. 40,000/- and the speaker being 30,000/-. This amounts to restrictive trade practice. Clear selection Assertion (A)- When a man is prevented from going in a particular direction but is free to go to any other direction or to go back there is no false imprisonment. Reason (R) -A partial restraint is not actionable under the civil law of torts. © Both A&R are correct but R is not the correct explanation for A. CO Botha &Rare false. © Both A&Rare correct and Ris the correct explanation for A CO Ais correct but Ris false, Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 19126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 In which of the following cases course of employment cannot be determined to establish vicarious liability? Me Bexolicity orders his driver to not indulge inte any racing with the other bus drivers, but he still indulges in racing and ends up meeting with an accident. © /sovernment jeep was being riven for official purposes. The driver was somewhat drunk and allowed a clerk to drive the vehicle causing accident. Mi Zsends his servant tothe market to make some purchases for him. but while coming back home after making the purchases, he assaults a by passer. ‘Awidow owning a small cottage and some money due on a mortgage to the extent of Rs. 10,00,000/-, approached the manager of the firm of solicitors for advice as to how © teimprove her income, wnere she handed the cash to one ofthe clerks but he ran away with the money. Clear selection Assertion (A)- To establish negligence it is not enough to prove that the i was foreseeable, but a reasonable likelihood of the injury also need to be established. Reason (R)- Foreseeability does not include any idea of likelihood at all. jury © Both A &Rare correct and R is the correct explanation for A. © Both A & Rare correct but R is not the correct explanation for A. CO Botha &Rare false. © Ais correct but Ris false, Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 14126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Consumer Protection Amendment Act provides pecuniary jurisdiction of district forum till O 10crores © 10 Lakhs @® s0takns O 1crore Clear selection If the servant himself negligently delegates his authority and instead of himself carefully performing the duty allows the same to be negligently performed by somebody else. Can the master be made liable? © No, the master cannot be made responsible. © Cannot be determined @ Yes, the master can be made liable for such negligence of the servant. CE Itdepends on the facts of each case, there is no rule for the same. Clear selection The right of prescription means a right to do an act, which would otherwise be a private nuisance, may be acquired by elapse of a period of 20 years. This right is © Arineffectual defence to nuisance @ Arvalid defence to nuisance © Abatement of nuisance © Nota defence to nuisance Clear selection hitpsdoce. google comiforms/de/FAlpQLSdgr9Qia_ hWxs49mbTaxfVRONP4-JHig28Mo7sO8C-NEXA2giormResponse 19126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Which of the following is not the principles on which the Vicarious Liability is based? © Res ipsa loquitor © Respondeat Superior CO Public policy © Qui facit per alium facit per se Clear selection Nervous shocks .. of negligence. © Nota foreseeable consequence © Arnindirect outcome © AReasonably foreseeable consequence © Nota reasonably foreseeable consequence Clear selection A trespass to land may be committed by - © Remaining at the land of the without justification. © Doing an act affecting the sole possession of the plaintiff without justification, CEO Entering the land of the plaintiff without justification. ©@ Allthe mentioned options, Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 16126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Assertion(A) - Defamation is a wrong both under civil as well as tort law. Reason(R)- Remedies under both the forum are allowed. © Both are untrue. CO Ais true, Ris false. CO Ais true, Ris true, Ris the correct explanation of A. ©@ Ais true, Ris true, Ris not the correct explanation of A. Clear selection In cases of nervous shock, the plaintiff has to prove which of the following things- Necessary chain af causation between nervous shock andthe wrongful act of defendant, All the other mentioned options. ‘The shock was caused by hearing or seeing something oOo ® Close proximity of relationship between the primary victim and the plaintiff. Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 1126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Assertion (A)- In order to avail knowledge as a defence, it is necessary to prove that the plaintiff not only aware of the risk but also agreed to run the risk of the harm knowingly. Reason (R)- Knowledge of a danger or risk is not the same as the consent to bear the danger. O Ais correct but Ris false @ Both A&R are correct and R is the correct explanation for A. © Both A &Rare correct but Ris not the correct explanation for A. CO Both A &Rare false. Clear selection Mr. A comes to attend his college in Mumbai and stay as a paying guest in Mrs. B's house. He is given a room with AC, study table, cupboard and bed to keep his belongings and make himself comfortable in the room. He is also provided with all the meals by Mrs. B. One day, when Mr. A was at his college attending lectures, Mrs. B was passing through the room and found it very dirty. So Mrs. B decided to get the room cleaned, to make Mr. A's stay more comfortable. @ Mrs. 8 can be held liable for trespass. Mrs. B cannot be held liable for trespass. Mrs. B can take the defence of necessity for evading the liability for trespass. Both Mrs. B can be held liable for trespass & Mrs. B can take the defence of necessity for evading the liability for trespass are correct. Ooo°o Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 18126pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 To calculate the compensation in case of Absolute liability cases the Supreme Court relied on the Deep Pocket Theory in the M.C. Mehta v. Union of India case, but then in the Bhopal Gas Tragedy changed it to the monetary capacity of the delinquent. The statement is- © Te © Can't be determined O False O Party true, partly false Clear selection Principle: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s). Facts:‘A’ plants a tree in his own land. The tree grows, and its branches and roots spread into the land of B. Which of the following derivations is correct? @ ‘has committed trespass © ‘has not committed trespass, as he has not entered 8's premises © ‘Whas committed nuisance © Allthe options given are correct Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 1926pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Can a husband be held vicariously liable for the tort of his wife in India? oO oO O (} Yes, because husband is the guardian of his wife Yes, because married woman cannot be sued independently No, because husband is not the guardian of his wife No, a married woman can be independently sued Clear selection Which of the following is not the difference between Strict liability and Absolute liability? O° Damages awarded where the Rylands rule applies will be ordinary or compensatory. In case of M.C. Mehta rule, the court allow exemplary damages and the larger the enterprise the greater must be the amount of compensation The Rylands rule will not cover cases of harm to persons within the premise but the M.C. Mehta rule makes no such difference between people inside and outside the premises, There are exceptions in the M.C. Mehta rule but the Rylands rule does not have any exceptions. The Rylands rule requires non-natural use of land by the defendant and escape from land of the thing which caused damage. The rule in M.C. Mehta is not dependant on these conditions. Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 20128pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Mr. and Mrs. K were travelling in a car driven by Mr. K. Because of rash and negligent driving by the driver of BST, the car met with an accident and consequently Mrs. K suffered severe injuries including face disfigurement. She spent 7 weeks in the hospital and later when she was discharged, Mr. K deserted Mrs K stating that he was unable to bear the way she looks. Mrs. K claimed damages for disfigurement as well as for the desertion by the husband. BST proved on record that Mr. & Mrs. K did not enjoy cordial marital relations even prior to the accident and have been amidst various litigations. @ WM Kean cai damages only forher face disfigurement and not forthe desertion by the husband, as itis a remote cause of the defendant's act. The injuries suffered by Mrs. K cannot be considered as the real and proximate outcome of the wrongful act of the defendant and therefore no damages could be awarded to her. could be claimed from the defendants. The husband and wife had problems prior to the accident as well, therefore, Mrs. K © isthe contributory negligence of the husband Mr K and therefore, ne damages © could not claim these damages against 8ST but they can be claimed against Mr. K Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 21128pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Mr. W was employed as an inspector by Z Inspector Department. W was directed to report on duty to M/s R & Co., to which he resisted but joined. Before the accident took place in the premises of R & Co. in which W was injured, the employer had offered him a clerical work at a lower wage which he refused. W sued R & Co. for damages. R & Co. in defence argued that even if W had not agreed at the time he began to work in R & Co., but he had given his consent subsequently when he refused to accept other employment that was offered to him. Which is the most favorable outcome? © The defence of consent could be applied and express consent could be inferred from the acts of Mr. W. ‘The defence of consent cannot be taken, as consent obtained under compulsion is no consent and there should be free consent to evoke this defence which in the light of the above situation cannot be established. defence of consent could be established, Offering lower position is defaming Mr. W and therefore the company R & Co. can be © When Me. W continued working an implied consent was established and therefore the O made liable Clear selection Which of the following is a mode of committing Trespass to Land under the Law of Torts? © Doing an act which affects the plaintiff's possession of land © Allofthe above © Unlawfully entering upon the plaintiffs land © Lawfully entering upon the plaintiffs land but unlawfully remaining there Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 2228pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Assertion (A) ~ In Torts intention of the wrongdoer is not of concern in majority of the cases as torts is a civil remedy and mens rea is of little to no relevance in civil suits, Reason (R) - Torts like defamation and malicious prosecution will only be governed under criminal law if mens rea is established. O Ais correct but Ris false @ Both A &Rare correct and R is the correct explanation for A. CO Botha &Rare false. © Both A & Rare correct but R is not the correct explanation for A. Clear selection Which of the following is not a valid defence to the application of Strict liability? C© Actof third party/ stranger @ Negligence © Volenti non fit injuria (common benefit) CO Actof God Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 2228pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Ina settled criminal case between Mr. A and Mr. Z, where Mr. A sued Mr. Z for charges of abet ment to murder. Mr. Z was released by the Court on the grounds of the testimony by Dr M, an expert witness in the case, who stated on record that Mr. Z was suffering from a neuro imbalance for which his treatment has been ongoing. However, later Mr. A finds out that Dr M was paid off by Mr. Z to give this testimony before the court. @ Mr Ais capable of filing a case for malicious prosecution against Mr. Z and Dr M © Mr Ais capable of filing a case for negligence against Mr. Z and Dr M. © Mr. Ais cannot file a case for malicious prosecution against Mr. Z and Dr M. © Mr Ais capable of filing a case for false imprisonment against Mr. Z and Dr M. Clear selection In an action for negligence against the doctor which of the following needs to be proven by the plaintiff? © That there was a breach of the duty to take care on the part of the doctor. That the doctor was under a duty to take reasonable care towards the plaintiff, to avoid the damage complained of, or not to cause damage to the patient by failure to use reasonable care. O Thalthe breach by the doctor was the real cause ofthe damage complained of, and such damage was reasonably foreseeable. All the mentioned points needs to be proven. Clear selection hitpsdoce. google comiformsde/FAlpQLSdgr2Qia_ Wxs49mbTxfVRONP4-JHig28Mo7sO5C-NEXAZgiormResponse 24128pita, 12:10 PM FINAL TEE: BAY BBA LL.B. (Hons)_Law of Tor_Semester|_AY. 2021-22 Ina case where, due to the negligence of the employer a wellis filled with poisonous fumes of a petrol driven pump and two of the workmen who were reconstructing the well are surrounded by the fumes. If, Mr. A who is made well aware of the risk enters the well to save the two workmen and as a consequence succumb to death while being taken to the hospital. Whether, Mr. A’s family could claim any damages. Yes, Mr. A's family will be able to seek damages from the employer on the grounds of © negligence but the damages may be mitigated due to the defence of consent by the employer. Yes, Mr. A's family will be able to seek damages from the employer as this could be © considered as a rescue case and volenti non fit injuria cannot be applied in rescue cases No, Mr. A's family could not get any damages as Mr. A had complete knowledge of the © ‘tisk and he consented to the risk when he stepped into the well thereby satisfying perception, appreciation and acceptance of the risk. @ No.Me As family could not get any damages as the defence of voleti non fit injuria may be taken by the employers to evade liability Clear selection In a particular case where when Mr. A entered a club with Mr. B and found at a distance Mrs. A standing with another Mr. D, clenches his fist in anger, this- © Can be considered as a battery to Mr. D. © Cannot be considered as an assault to Mr. D. © Mr. Acan be made liable for assault as the intention to do harm can be established. © Can be considered as an assault to Mr. D. Clear selection Back Clear form Never submit passwords through Google Forms, a This form was created inside of Narsee Monje Institue of Management Stsies. enon Abuse hitpsdoce. google comiformslda/FAlpQLSdgr9Qia_ hWxs49mbTxfVROHP4-JHig26Mo7sO8C-NEXA2giormResponse 28128aivaea, 12:40 PM FINAL TEE: BA BBA LS. (Hons)_Law of Tor_ Semester |_AY. 2024-22 Google Forms hitpsdoce. google comiformslda/FAlpQLSdgr9Qia_ hWxs49mbTxfVROHP4-JHig26Mo7sO8C-NEXA2giormResponse 20128