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Test: Contributory Negligence and its Defences - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Contributory Negligence and its Defences

Test: Contributory Negligence and its Defences for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Contributory Negligence and its Defences questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Contributory Negligence and its Defences MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Contributory Negligence and its Defences below.
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Test: Contributory Negligence and its Defences - Question 1

What does contributory negligence involve primarily?

Detailed Solution for Test: Contributory Negligence and its Defences - Question 1
Contributory negligence involves a situation where a person fails to fulfill their duty of care, leading to harm to another individual. This negligence typically stems from ignorance and carelessness. In legal terms, it refers to a breach of duty that a reasonable and prudent individual would not commit, resulting in harm.
Test: Contributory Negligence and its Defences - Question 2

How is negligence defined in simpler terms?

Detailed Solution for Test: Contributory Negligence and its Defences - Question 2
Negligence, in simpler terms, refers to the failure to uphold the duty of care, resulting in harm to the affected party, whether it involves harm to their person or property.
Test: Contributory Negligence and its Defences - Question 3

What does contributory negligence primarily involve in legal terms?

Detailed Solution for Test: Contributory Negligence and its Defences - Question 3
Contributory negligence entails a breach of duty recognized by the law. It refers to a situation where an individual's actions contribute to their own harm or injury, alongside the negligence of another party. This legal concept emphasizes the shared responsibility between the parties involved in an incident, where both the plaintiff and defendant may bear some degree of fault for the outcome.
Test: Contributory Negligence and its Defences - Question 4
What does the concept of Duty to Care primarily entail?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 4
The concept of Duty to Care revolves around the responsibility individuals hold to take necessary precautions and act with caution to prevent harm or injury to others. This duty emphasizes the importance of ensuring the safety and well-being of individuals by proactively taking steps to prevent potential harm.
Test: Contributory Negligence and its Defences - Question 5
In the case of Donoghue v. Stevenson, what significant event led to the legal accountability of the manufacturer?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 5
In the case of Donoghue v. Stevenson, the legal accountability of the manufacturer was triggered by the discovery of a decomposed snail in a bottle of ginger beer by a consumer. This incident resulted in the consumer suffering from gastroenteritis, leading to a legal battle that underscored the manufacturer's duty to care before selling products to ensure consumer safety.
Test: Contributory Negligence and its Defences - Question 6
How does the degree of care required relate to the potential harm that could result from an action or omission?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 6
The degree of care required is directly proportional to the potential harm that could result from an action or omission. This means that as the potential harm increases, the level of care needed to prevent such harm also escalates. It highlights the critical importance of adjusting the level of caution and care based on the potential risks involved in a situation.
Test: Contributory Negligence and its Defences - Question 7
What lesson can be learned from the example of the gatekeeper opening a railway gate without checking for an incoming train?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 7
The example of the gatekeeper opening a railway gate without checking for an incoming train underscores the critical importance of constant vigilance and thorough checks in preventing accidents. It serves as a reminder of the necessity to exercise a higher degree of care, especially in situations where negligence could lead to severe consequences like accidents and injuries.
Test: Contributory Negligence and its Defences - Question 8
What does the concept of Contributory Negligence primarily involve?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 8
Contributory Negligence involves the shared ignorance or carelessness of both parties, acting as a defense for the defendant and hindering the plaintiff's compensation claims. This concept signifies that both the plaintiff and the defendant bear some level of responsibility due to their actions or inactions.
Test: Contributory Negligence and its Defences - Question 9
What principle is rooted in the concept of Contributory Negligence?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 9
The principle rooted in Contributory Negligence is "Volenti non-fit injuria." This principle implies that if the plaintiff fails to take reasonable care where necessary and sustains an injury, both plaintiff and defendant share liability. It emphasizes the importance of individuals taking necessary precautions to prevent accidents or injuries.
Test: Contributory Negligence and its Defences - Question 10
What was the outcome in the case of Great Central Railway v. Bates regarding contributory negligence?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 10
In the case of Great Central Railway v. Bates, the outcome involved the plaintiff being denied compensation due to contributory negligence. The ruling indicated that the plaintiff's own actions, leading to the injury, resulted in a finding of shared responsibility, thus denying full compensation.
Test: Contributory Negligence and its Defences - Question 11
According to the Rule of the Last Opportunity, who is typically held responsible for negligence in an accident scenario?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 11
The Rule of the Last Opportunity dictates that the party with the final chance to prevent an accident is generally held responsible for negligence. This rule focuses on the critical moment or action that could have averted the harm. By attributing liability to the party with the last clear chance to avoid the accident, this principle underscores the importance of taking decisive actions to prevent harm and uphold safety standards.
Test: Contributory Negligence and its Defences - Question 12
In the case of Hansraj v. Tram Co., why was the tram company not held liable for the passenger's injury?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 12
In the case of Hansraj v. Tram Co., the tram company was not held liable for the passenger's injury because the passenger failed to exercise caution. By boarding a moving tram without taking necessary precautions, the passenger contributed to the circumstances leading to the injury. This lack of care on the part of the passenger absolved the tram company of liability, emphasizing the importance of personal responsibility in ensuring safety.
Test: Contributory Negligence and its Defences - Question 13
What legal principle determines liability based on the party that had the final opportunity to prevent an accident?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 13
The legal principle known as the Doctrine of Last Clear Chance determines liability based on the party that had the final opportunity to prevent an accident. This doctrine is particularly relevant in cases where one party had the last chance to avoid a harmful event, even if the other party was negligent initially. It emphasizes the importance of taking action to prevent accidents when there is a clear opportunity to do so.
Test: Contributory Negligence and its Defences - Question 14
What factor determines liability under the Rule of the Last Opportunity in negligence cases?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 14
Liability under the Rule of the Last Opportunity in negligence cases is determined by the party who had the final chance to prevent the accident. This principle places emphasis on the critical moment where someone could have taken action to avert harm. By focusing on the last clear opportunity to prevent an accident, this rule helps assign responsibility based on the ability to intervene effectively and avoid potential harm.
Test: Contributory Negligence and its Defences - Question 15
What burden typically lies with the defendant when claiming contributory negligence in a legal case?
Detailed Solution for Test: Contributory Negligence and its Defences - Question 15
In cases involving contributory negligence, the burden of proving contributory negligence usually lies with the defendant. This means that the defendant is responsible for providing sufficient evidence to demonstrate that the plaintiff's actions or inactions contributed to the occurrence of the accident or injury. Meeting this burden of proof is essential for the defendant to establish the defense of contributory negligence successfully.
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