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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Negligence as a Tort under Law of Torts - Judiciary Exams MCQ

Test: Negligence as a Tort under Law of Torts - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Negligence as a Tort under Law of Torts

Test: Negligence as a Tort under Law of Torts for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Negligence as a Tort under Law of Torts questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Negligence as a Tort under Law of Torts MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Negligence as a Tort under Law of Torts below.
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Test: Negligence as a Tort under Law of Torts - Question 1
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In the case of Donoghue v. Stevenson, what was the triggering factor that led to the establishment of principles for determining responsibility?

Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 1
The case of Donoghue v. Stevenson gained prominence due to the plaintiff experiencing stomach issues from consuming contaminated beer that contained snail remains. This incident triggered the establishment of fundamental principles for determining responsibility in cases of negligence. It highlighted the importance of product safety and consumer protection, setting a precedent for liability and duty of care in similar situations.
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What role does foreseeability play in proving negligence in cases of breach of duty of care?

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Foreseeability in negligence cases is crucial as it assesses what harm a reasonable person could anticipate from a negligent act. It helps in determining whether the defendant could have reasonably predicted the consequences of their actions, linking their breach of duty to the resulting damage.
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Test: Negligence as a Tort under Law of Torts - Question 3
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In negligence cases, why is it essential for the damage to directly result from the negligent act?

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It is crucial for the damage to directly result from the negligent act to establish a clear link or causation between the defendant's breach of duty and the harm suffered by the plaintiff. This causation is fundamental in proving that the negligence was the direct cause of the damages incurred.
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How does the concept of duty of care relate to the accountability of a defendant in negligence cases?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 4
The duty of care is a legal obligation that requires individuals to adhere to a standard of reasonable care while performing any actions that could foreseeably harm others. In negligence cases, breaching this duty makes the defendant legally responsible for the resulting harm or damages caused by their actions.
Test: Negligence as a Tort under Law of Torts - Question 5
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Why is it important for the damage in negligence cases to be foreseeable by the defendant?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 5
For damages to be compensable in negligence cases, they must be foreseeable by the defendant. This requirement ensures that individuals are held accountable for the consequences of their actions, emphasizing the principle that one should anticipate and take responsibility for the potential harm resulting from their negligence.
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What does Section 304A of the Indian Penal Code primarily address?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 6
Section 304A of the Indian Penal Code specifically deals with situations where an individual's death results from an extremely reckless or negligent act. Unlike culpable homicide or murder, these cases do not involve the specific intent to cause harm. This section was introduced to address situations where death occurs due to negligence without the intention to kill, serving as a bridge in legal terms between clear intent and accidental occurrences.
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What distinguishes acts falling under Section 304A from those covered under Section 80 of the IPC?
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Acts falling under Section 304A are differentiated from those covered under Section 80 of the IPC by the degree of foreseeability of harmful consequences. Section 304A cases reflect not just carelessness but also a level of predictability regarding the potential harmful outcomes, indicating a higher level of negligence compared to mere inadvertent events. This distinction is crucial in determining liability and the severity of the offense in legal proceedings.
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When was Section 304A introduced into the Indian Penal Code?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 8
Section 304A was introduced into the Indian Penal Code in 1870. This addition was made to address cases where death occurs due to negligence without the intention to cause harm, filling a legal gap in situations where there is no clear mens rea to establish liability under other sections related to homicide or murder. The introduction of this section marked a significant step in recognizing and penalizing acts of negligence leading to death.
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Which legal principle does Section 304A of the IPC help to address?
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Section 304A of the Indian Penal Code helps address the principle of foreseeability of harmful consequences. By focusing on cases where death results from negligent or reckless acts, this section emphasizes the importance of foreseeing and considering potential harm that could arise from one's actions. Understanding the foreseeability of consequences is crucial in determining liability and culpability in cases of negligence leading to death.
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What is a crucial requirement in cases of medical negligence that the plaintiff must establish to prove the healthcare professional's liability?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 10
In cases of medical negligence, it is vital for the plaintiff to demonstrate that the healthcare professional deviated from the standard practice and failed in their professional duties. This establishes the basis for proving liability in instances of medical negligence, emphasizing the importance of adhering to established norms and responsibilities in healthcare.
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Which legal case exemplifies a situation where actions outside the norm of practice can be considered as negligence in the medical field?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 11
The legal case of Poonam Verma v. Ashwin Singh serves as an illustration of how actions outside the standard medical practice can be classified as negligence. This case highlights the significance of adhering to established norms and practices in the healthcare profession to prevent instances of medical negligence and ensure patient safety.
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What key factor plays a pivotal role in determining negligence in healthcare, as highlighted by legal cases such as Poonam Verma v. Ashwin Singh and Jacob Mathew v. State of Punjab?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 12
Adherence to professional ethics and standards is a critical factor in determining negligence in healthcare, as emphasized by legal cases like Poonam Verma v. Ashwin Singh and Jacob Mathew v. State of Punjab. Upholding ethical principles and maintaining high professional standards are essential in fostering patient trust, ensuring quality care delivery, and minimizing the risk of medical negligence occurrences.
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Which legal case exemplifies a situation where a homeopathic doctor faced a negligence charge for administering allopathic medicines?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 13
The legal case of Poonam Verma v. Ashwin Singh highlights a scenario where a homeopathic doctor faced a negligence charge for administering allopathic medicines. This action was considered a deviation from expected practice norms, leading to legal implications due to the doctor's actions falling outside the scope of their expertise and professional standards.
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What crucial element underscores the breach of professional trust and responsibilities in medical negligence cases?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 14
The breach of professional trust and responsibilities in medical negligence cases is primarily underscored by the healthcare provider's failure to adhere to established standards of care. By not following these standards, healthcare professionals may fail to meet the expected level of care and responsibility owed to their patients, potentially resulting in harm or adverse consequences.
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Why is a thorough examination of professional conduct essential in medical negligence cases?
Detailed Solution for Test: Negligence as a Tort under Law of Torts - Question 15
A thorough examination of professional conduct is essential in medical negligence cases to maintain patient safety and well-being. By scrutinizing the actions and decisions of healthcare providers, it becomes possible to identify instances of professional misconduct or negligence that could jeopardize patient health and care quality. Prioritizing patient safety through such examinations is crucial for upholding the integrity and trust within the healthcare system.
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