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Test: Essential Elements of Tort - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Essential Elements of Tort

Test: Essential Elements of Tort for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Essential Elements of Tort questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Essential Elements of Tort MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Essential Elements of Tort below.
Solutions of Test: Essential Elements of Tort questions in English are available as part of our Civil Law for Judiciary Exams for Judiciary Exams & Test: Essential Elements of Tort solutions in Hindi for Civil Law for Judiciary Exams course. Download more important topics, notes, lectures and mock test series for Judiciary Exams Exam by signing up for free. Attempt Test: Essential Elements of Tort | 15 questions in 15 minutes | Mock test for Judiciary Exams preparation | Free important questions MCQ to study Civil Law for Judiciary Exams for Judiciary Exams Exam | Download free PDF with solutions
Test: Essential Elements of Tort - Question 1
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Who defined a tort as a civil wrongdoing that can be remedied through common law actions for unliquidated damages?

Detailed Solution for Test: Essential Elements of Tort - Question 1
Salmond is credited with defining a tort as a civil wrongdoing that can be remedied through common law actions seeking unliquidated damages. This legal concept underpins the basis for seeking compensation for harms caused by tortious conduct, distinguishing it from breaches of contract or other equitable obligations.
Test: Essential Elements of Tort - Question 2
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In the realm of legal wrongs, how does a tort typically differ from breaches of contract or breach of trust?

Detailed Solution for Test: Essential Elements of Tort - Question 2
A key distinction between torts and breaches of contract or breach of trust lies in the nature of liability. While breaches of contract primarily involve the violation of agreed-upon terms, torts focus on civil wrongs that result in harm to individuals or property, imposing liability on the wrongdoer for their actions.
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Test: Essential Elements of Tort - Question 3
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Who owes a duty of care to maintain their premises in a safe condition to prevent harm to visitors or tenants?

Detailed Solution for Test: Essential Elements of Tort - Question 3
Property owners are legally required to uphold a duty of care to ensure that their premises are safe for visitors and tenants. This duty includes maintaining a safe environment to prevent any harm or injuries that could occur on the property.
Test: Essential Elements of Tort - Question 4
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What is the fundamental requirement that must be established in tort cases before a legal claim can proceed?
Detailed Solution for Test: Essential Elements of Tort - Question 4
In tort cases, it is essential to establish the existence of a duty of care that was breached or violated. This duty of care signifies the legal obligation individuals have to exercise a reasonable level of caution to prevent harm to others. Without proving this breach of duty, a legal claim in tort cannot proceed.
Test: Essential Elements of Tort - Question 5
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What is the significance of the duty of care in tort law, even without a direct relationship between the wrongdoer and the victim?
Detailed Solution for Test: Essential Elements of Tort - Question 5
The duty of care in tort law imposes a legal obligation on individuals to exercise caution and prevent harm to others, regardless of their direct relationship. This duty is crucial for maintaining a standard of care in society and ensuring accountability for actions that result in harm to others.
Test: Essential Elements of Tort - Question 6
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According to the case study provided, why could the corporation be held accountable for the child's death?
Detailed Solution for Test: Essential Elements of Tort - Question 6
The corporation could be held accountable for the child's death due to its negligence in not putting up proper fencing around the poisonous tree, which directly led to the child picking and consuming the fruits. This omission resulted in harm, making the corporation liable for the consequences.
Test: Essential Elements of Tort - Question 7
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What does the concept of "injuria sine damno" in tort law entail?
Detailed Solution for Test: Essential Elements of Tort - Question 7
In tort law, "injuria sine damno" refers to situations where there is an injury without actual damage, but it is still actionable under tort law. This concept arises when a person experiences a legal injury without tangible loss, indicating a violation of their absolute rights without the need for concrete harm. An example of this is the case of Ashby v. White (1703) where Mr. Ashby, a qualified voter, was wrongfully prevented from voting, leading to a legal injury despite no tangible harm suffered. This case illustrates that hindrance to rights can entitle individuals to legal remedies.
Test: Essential Elements of Tort - Question 8
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What fundamental aspect in tort law triggers a tort claim according to the provided content?
Detailed Solution for Test: Essential Elements of Tort - Question 8
A tort claim arises in tort law when the claimant suffers physical or financial loss due to wrongful actions or when their legal rights are violated, with or without resulting damage. This means that even if there is no actual harm caused, a violation of legal rights can still lead to a valid tort claim. This principle is crucial in understanding the basis of liability in tort law.
Test: Essential Elements of Tort - Question 9
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In the case of Bhim Singh v. State of Jammu and Kashmir, what legal right was violated?
Detailed Solution for Test: Essential Elements of Tort - Question 9
In the case of Bhim Singh v. State of Jammu and Kashmir, the legal right that was violated was the right to participate in an Assembly election. A member of parliament, Bhim Singh, was unlawfully denied entry to an Assembly election by a police constable, which constituted a violation of his legal rights. Despite no tangible harm suffered, the denial of his right to participate in the election led to legal consequences.
Test: Essential Elements of Tort - Question 10
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What does the concept of "injuria sine damno" refer to in tort law?
Detailed Solution for Test: Essential Elements of Tort - Question 10
"Injuria sine damno" deals with situations where there is a legal injury without tangible loss, actionable under tort law. This concept indicates a violation of absolute rights without the need for concrete harm, entitling individuals to legal remedies even in the absence of actual damage.
Test: Essential Elements of Tort - Question 11
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In the case of Ashby v. White (1703) 92 ER 126, what was the key issue that led to the court holding Mr. White liable?
Detailed Solution for Test: Essential Elements of Tort - Question 11
In Ashby v. White, Mr. Ashby, a qualified voter, was wrongfully prevented from voting by Mr. White, the constable. Despite no tangible harm suffered as the candidate Mr. Ashby intended to vote for had already won, the court held Mr. White liable, emphasizing that hindrance to rights entitles individuals to legal remedies.
Test: Essential Elements of Tort - Question 12
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In the Gloucester Grammar School case, why was the plaintiff's claim not considered a tort case?
Detailed Solution for Test: Essential Elements of Tort - Question 12
In the Gloucester Grammar School case, the plaintiff's claim was not considered a tort case because the plaintiff faced only a financial loss without any breach of legal rights, illustrating the concept of "damnum sine injuria." Despite experiencing actual damage, since there was no infringement of legal rights, the case did not qualify as a tort.
Test: Essential Elements of Tort - Question 13
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In tort law, what factors do courts typically consider when evaluating liability for damages?
Detailed Solution for Test: Essential Elements of Tort - Question 13
Courts assessing liability in tort law often consider factors such as the directness and foreseeability of consequences. For instance, if a driver runs a red light and causes an accident, the driver may be held accountable for the damages because the outcomes were foreseeable and directly caused by their actions.
Test: Essential Elements of Tort - Question 14
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What is the primary purpose of legal remedies in tort law?
Detailed Solution for Test: Essential Elements of Tort - Question 14
Legal remedies in tort law primarily aim to provide specific actions to individuals who have suffered harm due to a violation of their rights. These remedies typically include compensation in the form of money, return of specific property, or court-ordered injunctions to address the harm suffered by the affected party.
Test: Essential Elements of Tort - Question 15
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How do courts determine the extent of damage suffered by the claimant in tort cases?
Detailed Solution for Test: Essential Elements of Tort - Question 15
Courts assess the extent of damage suffered by the claimant in tort cases by carefully examining the harm to determine the appropriate remedy. For example, if a person's reputation is damaged due to defamatory statements, the court may award compensation to address the harm caused. This process involves a thorough evaluation of the damages to ensure fair and just outcomes for the affected party.
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