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Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences

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Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 1

What are individuals who suffer losses due to another person's negligence often entitled to pursue?

Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 1
Individuals who experience losses as a result of someone else's negligence may have the option to seek damages as a form of compensation for the harm they have endured. These damages can cover various types of losses, including physical injuries, property damage, mental distress, or financial hardships. Seeking compensation through legal avenues is a way to address the consequences of negligence and help individuals recover from the harm caused.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 2

What does negligence, according to legal scholars Winfield and Jolowicz, involve primarily?

Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 2
Negligence, as defined by legal scholars Winfield and Jolowicz, primarily involves breaching a legal duty of care. This breach results in unintended harm to the plaintiff. Negligence encompasses concepts such as duty, breach, and resulting harm, as highlighted by Lord Wright. It goes beyond mere carelessness and requires failing to meet the standard of care expected under the law.
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Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 3

What distinguishes negligence from intentional actions or intentions, as highlighted by Charlesworth & Percy?

Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 3
Charlesworth & Percy point out that negligence is distinct from intention or intentional actions as it involves breaching the duty of care imposed by law. Negligence is characterized by a failure to meet the expected standard of care, which can lead to unintended harm, unlike intentional actions where harm is deliberately caused.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 4
In legal terms, what is a key consideration for proving negligence?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 4
A crucial consideration for proving negligence is that the harm must be a reasonably foreseeable outcome of the defendant's actions. This means that a person is generally responsible for the reasonably foreseeable consequences of their actions or inactions.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 5
What determines the extent of liability in Civil Law regarding negligence?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 5
In Civil Law, the extent of liability concerning negligence is often determined by the damages incurred. This means that the compensation or legal responsibility of the defendant may be influenced by the actual harm or losses suffered by the affected party due to the negligent actions.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 6
What does the "duty of care" in negligence law signify?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 6
The "duty of care" in negligence law signifies a legal obligation towards the plaintiff, indicating that the defendant must adhere to a specific legal duty towards them, which, if breached, can lead to legal consequences. This duty is not just a moral or social responsibility but a legally binding obligation that forms a crucial element in establishing negligence in tort law.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 7
What must the plaintiff demonstrate to establish negligence in a legal case?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 7
To establish negligence in a legal case, the plaintiff must demonstrate that the defendant's breach of duty directly led to harm. It is essential to establish a clear link between the breach of duty and the resulting harm suffered by the plaintiff, showing that the harm was a direct consequence of the defendant's actions. This direct causation is crucial in proving negligence under the law of torts.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 8
What principle shifts the burden of proof from the plaintiff to the defendant in a negligence case?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 8
In negligence cases, the principle of Res Ipsa Loquitur shifts the burden of proof from the plaintiff to the defendant. This legal doctrine allows the plaintiff to establish a presumption of negligence on the part of the defendant based on the circumstances of the case. The burden then shifts to the defendant to prove that they were not negligent.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 9
In a negligence case, what must the plaintiff demonstrate to establish harm caused by the defendant's breach of duty?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 9
To establish harm caused by the defendant's breach of duty in a negligence case, the plaintiff must demonstrate direct causation. This means proving that the harm suffered was a direct result of the defendant's failure to exercise reasonable care in the given situation. Demonstrating a clear link between the breach of duty and the harm is crucial in establishing liability.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 10
What does the concept of Res Ipsa Loquitur signify?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 10
The concept of Res Ipsa Loquitur, originating from Latin, signifies "the thing speaks for itself." This legal doctrine implies that the circumstances surrounding an incident are adequate to infer what occurred without requiring direct evidence of negligence. It essentially means that certain accidents can be seen as indicating negligence based solely on their nature. This principle shifts the burden of proof to the defendant, compelling them to show that they were not negligent in the situation.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 11
How does Res Ipsa Loquitur impact the burden of proof in a legal case?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 11
Res Ipsa Loquitur shifts the burden of proof to the defendant in a legal case. This means that the defendant is obligated to demonstrate that they were not negligent in the situation where this doctrine is applied. It allows for the inference of negligence based on the circumstances of the incident itself, without the need for direct evidence of negligence.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 12
In what scenario would Res Ipsa Loquitur likely apply?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 12
Res Ipsa Loquitur would likely apply in a scenario where a patient wakes up from surgery with a surgical tool left inside them. This situation is a clear example of an incident where the doctrine would suggest negligence on the part of the medical team without requiring direct evidence of negligence. It indicates that certain accidents inherently imply negligence based on their nature, triggering the application of this legal principle.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 13
What is the principal recourse available in cases of negligence under the law of torts?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 13
The principal recourse in cases of negligence under the law of torts is the award of damages. Damages are monetary compensation awarded to the claimant to help them recover from the harm or loss caused by the negligence of the defendant. This serves as a way to restore the claimant to the position they were in before the negligent act occurred.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 14
When does the burden of proof typically shift to the defendant in a negligence case?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 14
The burden of proof may shift to the defendant in a negligence case when it can be shown that the harm would not have occurred if proper care had been exercised. This shifts the onus onto the defendant to demonstrate that they took necessary precautions and did not act negligently. It is a significant legal principle that underscores the importance of duty of care in negligence cases.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 15
In the case of Overseas Tank-ship (UK) v Morts Dock and Engineering Co (The Wagon Mound) (1961), why were the defendants not held liable for negligence under the Law of Torts?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 15
The defendants were not held liable for negligence in this case because the damage by fire was deemed not foreseeable, unlike the damage caused by oil pollution. The court held that the specific type of damage caused by fire was not reasonably foreseeable, leading to the defendants not being held liable for negligence.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 16
What legal doctrine applies when there is no other plausible explanation for an incident other than negligence?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 16
Res Ipsa Loquitur is a legal doctrine that translates to "the thing speaks for itself." It is applied in cases where there is no other plausible explanation for an incident other than negligence. This doctrine shifts the burden of proof to the defendant as the circumstances imply negligence by the defendant.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 17
When is a defendant considered liable for damage, regardless of foreseeing the specific cause or severity of the damage?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 17
A defendant is considered liable for damage when the type of damage is reasonably foreseeable, regardless of whether they could foresee the specific cause or severity of the damage. This principle holds that if a reasonable person could foresee the general type of harm that could result from their actions or negligence, they can be held liable for that harm.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 18
Which defense under the Law of Torts involves natural calamities such as heavy rainfall, storms, earthquakes, and volcanoes?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 18
The defense known as "Act of God or Vis Major" in the Law of Torts relates to extraordinary and unforeseeable natural events like heavy rainfall, storms, earthquakes, and volcanoes. This defense is applicable when the event is beyond human control and could not have been reasonably anticipated. It excuses the defendant from liability as they cannot be held accountable for damages resulting from such natural occurrences.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 19
In the scenario of contributory negligence, what does it imply when both the plaintiff and defendant are negligent in a tort or wrongful action?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 19
Contributory negligence in a tort case occurs when both the plaintiff and defendant exhibit negligence that contributes to the injury. In such situations, both parties share responsibility for the damages incurred. This doctrine aims to address situations where the plaintiff's actions also played a role in the harm suffered, thereby impacting the allocation of liability between the parties involved.
Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 20
What characterizes an inevitable accident in the context of tort law?
Detailed Solution for Test: Negligence under Law of Torts: Meaning, Essentials, Remedies and Defences - Question 20
An inevitable accident, as understood in tort law, refers to a situation where the plaintiff sustains an unexpected injury despite the defendant exercising reasonable care. In such cases, the defendant must prove that they did not intend to cause harm and that the injury could not have been prevented even with due diligence. This defense recognizes that certain accidents are beyond human foresight and control, absolving the defendant of liability in instances where the injury was truly unforeseeable.
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