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Test: Discharge of Torts - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Discharge of Torts

Test: Discharge of Torts for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Discharge of Torts questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Discharge of Torts MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Discharge of Torts below.
Solutions of Test: Discharge of Torts questions in English are available as part of our Civil Law for Judiciary Exams for Judiciary Exams & Test: Discharge of Torts 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: Discharge of Torts | 20 questions in 20 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: Discharge of Torts - Question 1
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Which mode of discharge of torts involves reaching a mutual agreement to resolve a legal claim?

Detailed Solution for Test: Discharge of Torts - Question 1
Accord and satisfaction is a mode of discharge of torts that involves reaching a mutual agreement between the parties to settle or resolve a legal claim. In this process, the parties agree to a compromise, typically involving some form of consideration, to discharge the obligations and liabilities arising from the tortious claim.
Test: Discharge of Torts - Question 2
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How does the law of limitation contribute to the discharge of torts?

Detailed Solution for Test: Discharge of Torts - Question 2
The law of limitation plays a crucial role in the discharge of torts by imposing restrictions on the timeframe within which legal actions can be initiated. This limitation period sets a deadline for filing a lawsuit after the occurrence of the tort, aiming to promote timely resolution of disputes, prevent stale claims, and ensure fairness in legal proceedings.
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Test: Discharge of Torts - Question 3
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What legal concept is represented by the maxim "actio personalis moritur cum persona"?

Detailed Solution for Test: Discharge of Torts - Question 3
The maxim "actio personalis moritur cum persona" signifies that when an individual dies, their personal right of action also ceases to exist. This legal principle indicates that upon the death of an individual, their right to pursue legal action or seek damages is extinguished. It emphasizes the idea that certain legal claims are tied to the individual and do not survive beyond their death.
Test: Discharge of Torts - Question 4
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What is the key concept behind Accord and Satisfaction in tort law?
Detailed Solution for Test: Discharge of Torts - Question 4
Accord and Satisfaction in tort law involves an agreement between parties to resolve a dispute. An accord represents the agreement itself, where one party agrees to provide something of value in exchange for settling the issue. Satisfaction refers to the actual fulfillment of the agreed-upon consideration by both parties involved. Once both accord and satisfaction are complete, the tort is considered resolved, and legal action ceases.
Test: Discharge of Torts - Question 5
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Why is it essential for the consent of all parties involved in Accord and Satisfaction to be given freely?
Detailed Solution for Test: Discharge of Torts - Question 5
It is crucial for the consent of all parties involved in Accord and Satisfaction to be given freely to maintain the validity of the agreement. Free consent ensures that the agreement is not tainted by coercion, fraud, or undue influence, which could render the accord and satisfaction invalid.
Test: Discharge of Torts - Question 6
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In a scenario where multiple parties are involved in wrongful acts against a victim, if the victim chooses to release one party from liability, what does this action imply for the other party involved?
Detailed Solution for Test: Discharge of Torts - Question 6
When a victim chooses to release one party from liability in a scenario involving multiple wrongdoers, it does not absolve the other party of their responsibilities. The release granted applies only to the party specifically released and does not transfer liability to the other wrongdoer. Therefore, the other party remains responsible for their wrongful actions despite the release granted to one of the parties.
Test: Discharge of Torts - Question 7
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When multiple parties are involved in wrongful acts against a victim, and the victim chooses to release one party from liability, what legal implication does this action have on the other party?
Detailed Solution for Test: Discharge of Torts - Question 7
Even if a victim chooses to release one party from liability in a scenario involving multiple wrongdoers, it does not absolve the other party of their responsibilities. The release granted to one party does not affect the liability of the other party, who remains accountable for their wrongful actions.
Test: Discharge of Torts - Question 8
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Which of the following scenarios would render a release in tort law invalid and legally unenforceable?
Detailed Solution for Test: Discharge of Torts - Question 8
If a release in tort law is obtained through coercion, such as intimidation tactics or any form of undue influence, it is considered invalid and legally unenforceable. The law requires that releases be based on the voluntary and uninfluenced consent of the injured party to maintain fairness and justice in legal proceedings.
Test: Discharge of Torts - Question 9
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When can a repeated offense by the same individual, who was previously held responsible for a tort, be considered a fresh case and pursued as a new legal matter?
Detailed Solution for Test: Discharge of Torts - Question 9
The correct answer is Option D: If the repeated offense constitutes a separate case. When an individual who was previously held responsible for a tort commits the same act again, it is considered a fresh case and can be pursued as a new legal matter. This is because each instance of the offense is treated as a separate case, even if the same parties are involved.
Test: Discharge of Torts - Question 10
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What does the concept of waiver entail in tort law?
Detailed Solution for Test: Discharge of Torts - Question 10
In tort law, the concept of waiver involves making a choice between available remedies. Once an individual selects a remedy, they are generally bound by that decision and cannot switch to an alternative if the chosen remedy does not yield the desired outcome. This principle of waiver is crucial in legal settings to ensure clarity and finality in decisions.
Test: Discharge of Torts - Question 11
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What happens if an individual initiates legal action with multiple available remedies, and the chosen remedy does not succeed?
Detailed Solution for Test: Discharge of Torts - Question 11
When an individual initiates legal action with multiple available remedies and the chosen remedy does not succeed, they are usually bound by that initial decision without the option to switch to an alternative remedy. This principle underscores the importance of carefully considering and committing to a chosen course of action in legal matters to avoid uncertainties and maintain consistency in legal proceedings.
Test: Discharge of Torts - Question 12
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How can acquiescence impact a tort claim between two individuals?
Detailed Solution for Test: Discharge of Torts - Question 12
Acquiescence can impact a tort claim by potentially discharging the claim if the entitled party, typically the plaintiff, does not take legal action within a reasonable time frame. This failure to enforce legal rights against the other party signifies a voluntary waiver of the liability, leading to the potential release of the defendant from their legal obligations towards the plaintiff.
Test: Discharge of Torts - Question 13
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What does acquiescence refer to in legal terms?
Detailed Solution for Test: Discharge of Torts - Question 13
In legal terms, acquiescence refers to a situation where the plaintiff entitled to enforce their legal rights against another party fails to do so for an extended period, resulting in a voluntary waiver of the other party's liability. This failure to act within a reasonable time frame can discharge a tort claim due to the plaintiff's own inability or incapacity to enforce their rights, releasing the other party from their liability.
Test: Discharge of Torts - Question 14
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What is the consequence of a plaintiff failing to enforce their legal rights over time?
Detailed Solution for Test: Discharge of Torts - Question 14
When a plaintiff entitled to enforce their legal rights against another party fails to do so within a significant period, it can lead to the defendant being released from their liability. This failure to take timely legal action implies a voluntary waiver of the defendant's liability, potentially resulting in the discharge of the tort claim due to acquiescence.
Test: Discharge of Torts - Question 15
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What is one of the key outcomes of discharging a tort in terms of legal liability?
Detailed Solution for Test: Discharge of Torts - Question 15
Discharging a tort results in the termination of legal liability, meaning that the party responsible for the wrongful act is no longer held accountable for their actions. This action signifies the conclusion of legal responsibility in the specific case, preventing the injured party from seeking further remedies or damages.
Test: Discharge of Torts - Question 16
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How does discharging a tort impact the preservation of judicial resources?
Detailed Solution for Test: Discharge of Torts - Question 16
Discharging a tort plays a crucial role in preserving judicial resources by relieving the legal system of ongoing litigation burdens. This process allows courts to allocate resources efficiently to other cases, ensuring that new disputes are addressed promptly and judicial functions are optimized.
Test: Discharge of Torts - Question 17
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What role does the discharge of torts play in terms of deterrence and compliance with legal norms?
Detailed Solution for Test: Discharge of Torts - Question 17
The discharge of torts serves as a deterrent by incentivizing individuals to adhere to legal norms and avoid engaging in wrongful behavior. This mechanism emphasizes the consequences of legal actions and encourages compliance with the law, thereby fostering a culture of adherence and respect for legal standards.
Test: Discharge of Torts - Question 18
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How does the discharge of torts impact the preservation of judicial resources?
Detailed Solution for Test: Discharge of Torts - Question 18
The discharge of torts impacts the preservation of judicial resources by relieving the legal system of ongoing litigation burdens. This enables courts to allocate their resources to other cases, ensuring the efficient functioning of the legal system without unnecessary delays.
Test: Discharge of Torts - Question 19
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How does the discharge of a tort impact legal precedent and deterrence?
Detailed Solution for Test: Discharge of Torts - Question 19
The discharge of a tort can strengthen legal precedent and deterrence by establishing clear outcomes and consequences for similar future cases. When a tort is discharged, the legal system sets a precedent for how similar disputes should be resolved, providing guidance for future legal decisions. Additionally, deterrence is enhanced as the resolution of the current case sends a message that certain behaviors or actions will not be tolerated, thus discouraging others from engaging in similar misconduct.
Test: Discharge of Torts - Question 20
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What role does waiver play in the discharge of a tort?
Detailed Solution for Test: Discharge of Torts - Question 20
Waiver plays a crucial role in the discharge of a tort by releasing parties from their legal obligations or rights related to the tort. By waiving certain claims or defenses, parties voluntarily give up their entitlement to pursue specific legal actions or protections, thereby effectively discharging the tort and bringing an end to the associated legal liabilities. This mechanism allows parties to reach agreements without further legal repercussions or obligations.
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