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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Vicarious Liability of State in India - Judiciary Exams MCQ

Test: Vicarious Liability of State in India - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Vicarious Liability of State in India

Test: Vicarious Liability of State in India for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Vicarious Liability of State in India questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Vicarious Liability of State in India MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Vicarious Liability of State in India below.
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Test: Vicarious Liability of State in India - Question 1
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What is the primary concept behind vicarious liability in legal terms?

Detailed Solution for Test: Vicarious Liability of State in India - Question 1
Vicarious liability in legal terms signifies shared accountability between parties, where one individual can be held responsible for the actions of others. This concept often applies to situations where employers are deemed vicariously liable for the wrongful acts of their employees. It establishes a legal relationship that holds both the person directing an action and the one carrying it out accountable for any resulting liabilities.
Test: Vicarious Liability of State in India - Question 2
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Which of the following is a necessary condition for vicarious liability to apply?

Detailed Solution for Test: Vicarious Liability of State in India - Question 2
For vicarious liability to apply, a specific relationship between the parties involved is essential. This requirement ensures that there is a recognized legal connection between the individual directing an action and the one executing it. Without this specific relationship, vicarious liability cannot be established, emphasizing the importance of the legal bond between parties in determining liability.
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Test: Vicarious Liability of State in India - Question 3
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What is the primary concept underlying the vicarious liability of the state in relation to the wrongful acts committed by its employees?

Detailed Solution for Test: Vicarious Liability of State in India - Question 3
The primary concept underlying the vicarious liability of the state is the principle of Respondeat superior (let the principal be liable). This principle holds that the state or government should bear legal responsibility for the actions of its employees while they are performing their official duties. It is a fundamental aspect of holding the state accountable for the acts of its agents.
Test: Vicarious Liability of State in India - Question 4
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What does the doctrine of Qui facit per alium facit per se entail?
Detailed Solution for Test: Vicarious Liability of State in India - Question 4
The doctrine of Qui facit per alium facit per se states that when an individual acts on behalf of another, it is as if the individual himself is performing the action. This legal doctrine emphasizes that the actions of an agent can be attributed to the principal, indicating a direct link between the representative's actions and the principal's liability.
Test: Vicarious Liability of State in India - Question 5
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Which principle advocates for the collective sharing of the burden of compensating for damages caused by the state's employees?
Detailed Solution for Test: Vicarious Liability of State in India - Question 5
The principle of Socialization of Compensation underscores the idea that the burden of compensating for damages caused by the state's employees should be collectively shared by society rather than falling solely on the victim. This principle aims to distribute the financial responsibility for compensating victims of wrongful acts by state employees among the broader community.
Test: Vicarious Liability of State in India - Question 6
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What historical legal concept shields the King from liability for the actions of his servants in English Common Law?
Detailed Solution for Test: Vicarious Liability of State in India - Question 6
In English Common Law, the principle known as "The King can do no wrong" historically protected the King from liability for the actions of his servants. This principle aimed to shield the sovereign from legal responsibility for the actions committed on their behalf. Over time, legislative changes such as the Crown Proceedings Act modified this stance, making the Crown liable for the torts committed by its servants.
Test: Vicarious Liability of State in India - Question 7
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What is the primary responsibility of the king as emphasized in ancient Indian legal frameworks?
Detailed Solution for Test: Vicarious Liability of State in India - Question 7
In ancient India, the king's primary duty, as outlined in legal frameworks, was to safeguard the population. This responsibility entailed ensuring the well-being and safety of the people, dispensing justice fairly, and upholding social order within the kingdom. The king's role was crucial in maintaining peace and harmony among the populace, reflecting the significance placed on the welfare of the citizens.
Test: Vicarious Liability of State in India - Question 8
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What legal transformation in the United States outlined the state's liability for the actions of its employees?
Detailed Solution for Test: Vicarious Liability of State in India - Question 8
In the United States, the Federal Torts Claims Act of 1946 brought about significant legal changes by delineating the state's liability for the actions of its employees. This act allowed private individuals to sue the federal government in cases where its employees' negligence or wrongful actions caused harm. It marked a crucial shift towards accountability and compensation for wrongful acts committed by government personnel.
Test: Vicarious Liability of State in India - Question 9
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Which article of the Indian Constitution defines the vicarious liability of the state with historical roots in legal frameworks like the Government of India Acts?
Detailed Solution for Test: Vicarious Liability of State in India - Question 9
The vicarious liability of the state in India is defined in Article 300(1) of the Indian Constitution, with its origins tracing back to historical legal frameworks like the Government of India Acts. This article delineates the conditions under which the Government of India and State Governments can sue or be sued in their respective names, establishing a framework for legal accountability and redressal within the governmental system.
Test: Vicarious Liability of State in India - Question 10
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What legal concept shields the state from liability for certain actions due to their political and sovereign nature?
Detailed Solution for Test: Vicarious Liability of State in India - Question 10
Sovereign functions are actions of the state that are immune from judicial review due to their political and sovereign nature. These functions, such as national defense and foreign affairs, fall outside the scope of ordinary civil courts. The distinction between sovereign and non-sovereign functions is crucial in determining the state's accountability and jurisdiction.
Test: Vicarious Liability of State in India - Question 11
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In ancient India, what principle emphasized equality before the law and applied uniformly to all individuals, including the king?
Detailed Solution for Test: Vicarious Liability of State in India - Question 11
The rule of law in ancient India underscored equality before the law, ensuring that it applied uniformly to all individuals, including the king. This principle mandated that legal standards and justice were upheld consistently across society, regardless of one's status or position.
Test: Vicarious Liability of State in India - Question 12
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Which legal act in the United States delineated the state's liability for the actions of its employees, mirroring historical transformations seen in English law?
Detailed Solution for Test: Vicarious Liability of State in India - Question 12
The Federal Torts Claims Act, enacted in 1946 in the United States, delineated the state's liability for the actions of its employees. This legal framework mirrored historical transformations in English law, where legislative changes like the Crown Proceedings Act altered the liability of the state for torts committed by its servants.
Test: Vicarious Liability of State in India - Question 13
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What types of functions are considered immune from judicial review due to their political and sovereign nature?
Detailed Solution for Test: Vicarious Liability of State in India - Question 13
Sovereign functions are actions of the state that fall outside the purview of ordinary civil courts because of their political and sovereign nature. These functions typically include areas like national defense, foreign affairs, and territorial governance.
Test: Vicarious Liability of State in India - Question 14
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Which powers under the Constitution empower the state to enact laws and implement policies?
Detailed Solution for Test: Vicarious Liability of State in India - Question 14
Executive authority under the Constitution empowers the state to enact laws and implement policies. This authority allows the state to take actions in the executive realm, which are crucial for governance and policy implementation.
Test: Vicarious Liability of State in India - Question 15
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Why would the Government not be held accountable for torts committed during the exercise of sovereign functions like hostilities, as per the judgment in the case of Peninsular & Oriental Steam Navigation Company v Secretary of State?
Detailed Solution for Test: Vicarious Liability of State in India - Question 15
The judgment in Peninsular & Oriental Steam Navigation Company v Secretary of State highlighted that the Government would not be held accountable for torts committed during the exercise of sovereign functions like hostilities. This exemption is rooted in the principle that sovereign functions are inherently immune from liability, aiming to safeguard the Government from legal repercussions arising from activities integral to its sovereignty.
Test: Vicarious Liability of State in India - Question 16
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What does State immunity, as clarified by the Madras High Court, primarily extend to?
Detailed Solution for Test: Vicarious Liability of State in India - Question 16
State immunity, as clarified by the Madras High Court, primarily extends to acts of the State performed under municipal law and with conferred legal powers. This immunity shields the Government from liability for such actions. It is important to understand the distinction between acts of the State and actions related to public safety or military operations when considering State immunity.
Test: Vicarious Liability of State in India - Question 17
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What was the basis of the Supreme Court's decision in the case of Kasturilal v. State of UP?
Detailed Solution for Test: Vicarious Liability of State in India - Question 17
The Supreme Court's decision in Kasturilal v. State of UP was based on the grounds that the actions in question were performed under statutory and sovereign powers. The court highlighted that the police officers' actions, despite negligence, fell under sovereign functions such as the power to arrest, search, and seize property granted by law. This ruling underscored the importance of distinguishing actions carried out under sovereign powers from those that are not.
Test: Vicarious Liability of State in India - Question 18
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What key concept did the court emphasize in the State of Rajasthan v. Vidyawati case regarding the State's liability?
Detailed Solution for Test: Vicarious Liability of State in India - Question 18
In the State of Rajasthan v. Vidyawati case, the court emphasized the concept of vicarious liability concerning the State's responsibility for its employees' actions. The ruling clarified that the State could be held liable for the wrongful actions of its employee within the scope of employment, similar to any other employer-employee relationship. This highlighted the legal principle of holding employers accountable for the actions of their employees during the course of their duties.
Test: Vicarious Liability of State in India - Question 19
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What was the primary reason behind the Supreme Court ruling in favor of the State of UP in Kasturilal v. State of UP?
Detailed Solution for Test: Vicarious Liability of State in India - Question 19
The Supreme Court ruled in favor of the State of UP in the Kasturilal case primarily because the actions in question were performed under statutory and sovereign powers. Despite the negligence displayed by the police officers, the court considered their actions to fall under sovereign functions such as the power to arrest, search, and seize property, which are granted by law. This ruling underscored the importance of recognizing actions carried out under specific legal authorities and their implications in legal proceedings.
Test: Vicarious Liability of State in India - Question 20
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How does the concept of vicarious liability apply in cases involving the State and statutory authorities?
Detailed Solution for Test: Vicarious Liability of State in India - Question 20
Vicarious liability in these cases implies that the State carries responsibility for the actions of statutory authorities when they operate within their legal boundaries on behalf of the State. This legal doctrine holds the State accountable for the consequences of statutory authority actions that are deemed to represent the State's interests, emphasizing the interconnectedness and accountability within the legal framework.
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