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Test: The Pigeon Hole Theory under Law of Torts - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: The Pigeon Hole Theory under Law of Torts

Test: The Pigeon Hole Theory under Law of Torts for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: The Pigeon Hole Theory under Law of Torts questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: The Pigeon Hole Theory under Law of Torts MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: The Pigeon Hole Theory under Law of Torts below.
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Test: The Pigeon Hole Theory under Law of Torts - Question 1
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What is one of the key dilemmas discussed by scholars regarding the Law of Torts?

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Scholars have debated whether the Law of Torts deems it wrongful to cause harm without a specific justification or excuse. This dilemma delves into the core principles of tort law, exploring the boundaries of liability in cases involving harm or injury caused to others.
Test: The Pigeon Hole Theory under Law of Torts - Question 2
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How do some scholars, like Salmond, view the essence of the Law of Torts?

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Scholars such as Salmond consider the Law of Torts to embody a fundamental principle that deems it wrongful to cause harm without a specific justification or excuse. This perspective underscores the idea that certain actions can lead to liability based on this overarching principle within tort law.
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Test: The Pigeon Hole Theory under Law of Torts - Question 3
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What distinguishes the perspective of scholars who believe in specific wrongful acts under the Law of Torts?

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Scholars who argue that the Law of Torts delineates specific wrongful acts suggest that liability cannot arise unless an action aligns with these defined categories. This approach implies a structured framework within tort law that governs the types of actions for which an individual can be held accountable.
Test: The Pigeon Hole Theory under Law of Torts - Question 4
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Why is the distinction between the Law of Torts and general law significant in legal studies?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 4
Understanding the difference between the Law of Torts and general law is crucial as it helps delineate the boundaries of civil and criminal liability. This distinction guides legal practitioners in navigating the complexities of legal frameworks and applying appropriate principles in cases involving harm, negligence, or intentional wrongdoing.
Test: The Pigeon Hole Theory under Law of Torts - Question 5
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According to Salmond's Pigeon Hole Theory, what purpose do the specified categories within the Law of Torts serve?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 5
The specified categories within the Law of Torts, as per Salmond's Pigeon Hole Theory, act as "pigeon holes," each representing a specific type of wrongful act. These categories help in defining and categorizing different types of wrongful acts, making it essential for an individual's actions to neatly fit into one of these predefined categories for legal liability to be established.
Test: The Pigeon Hole Theory under Law of Torts - Question 6
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In relation to the Law of Torts, how does Salmond compare it to criminal law?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 6
Salmond emphasized that, unlike criminal law which defines general principles of liability for offenses, the Law of Torts outlines specific injuries without a general principle of liability. This distinction is crucial as criminal law typically deals with offenses against the state, while the Law of Torts focuses on civil wrongs and the remedies for those wrongs.
Test: The Pigeon Hole Theory under Law of Torts - Question 7
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How does the application of the Pigeon Hole Theory impact legal recourse in cases of wrongful acts?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 7
The application of the Pigeon Hole Theory means that if a person's wrongful act corresponds to any of the identified "torts," the aggrieved party can pursue legal recourse. This implies that legal recourse is limited to cases where the wrongful act neatly fits into one of the established categories. Conversely, if the act does not align with any predefined category, the defendant cannot be held liable for committing a tort.
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What is the fundamental principle behind an individual being held liable under Salmond's Pigeon Hole Theory?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 8
According to Salmond's Pigeon Hole Theory, an individual can only be held liable if their actions neatly fit into one of the predefined categories or "pigeon holes" within the Law of Torts. This requirement emphasizes the importance of categorizing wrongful acts into specific types to establish legal liability effectively.
Test: The Pigeon Hole Theory under Law of Torts - Question 9
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What key concept did Dr. Jenks, Heuston, and Dr. Glanville Williams emphasize in their support of Salmond's theory regarding legal "pigeon holes"?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 9
Dr. Jenks, Heuston, and Dr. Glanville Williams supported Salmond's theory by emphasizing that while courts can create new torts, these new legal concepts should align with the existing legal principles. They argued that the legal "pigeon holes," or categories within the legal system, are flexible and can incorporate new ideas without compromising the foundational legal principles. This stance underscores the importance of maintaining consistency and coherence within the legal framework.
Test: The Pigeon Hole Theory under Law of Torts - Question 10
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How did Winfield metaphorically compare the law of tort to in his critique and alternative perspective?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 10
Winfield compared the law of tort to a tree in his critique, illustrating his viewpoint that the legal concept should grow and evolve to accommodate societal changes. By likening the law of tort to a tree, he emphasized the idea that legal principles should be dynamic, capable of expanding and adapting over time to address new circumstances and challenges. This metaphor highlights the importance of flexibility and responsiveness within the legal system to ensure its continued relevance and effectiveness.
Test: The Pigeon Hole Theory under Law of Torts - Question 11
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What concept did Winfield introduce regarding the law of tort?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 11
Winfield introduced the concept that liability should arise unless a lawful justification is provided. This concept underscores the idea that individuals should be held accountable for their actions unless they can demonstrate a legal reason for their behavior.
Test: The Pigeon Hole Theory under Law of Torts - Question 12
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What does Glanville's perspective on tort law theories emphasize?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 12
Glanville's perspective highlights that the scope of liability rules is broad under the 'just tort' approach. This implies that there is a wide range of situations where individuals can be held liable for their actions under tort law, emphasizing a comprehensive view of legal responsibility.
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According to Dr. Williams, why do court decisions favoring plaintiffs not always stem from established general rules of liability?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 13
Dr. Williams explains that court decisions favoring plaintiffs do not always originate from established general rules of liability but rather from a progressive interpretation of existing liability norms. This suggests that courts may adapt their understanding of legal principles to ensure fair outcomes for plaintiffs in specific cases.
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What concept allows for the creation of new torts by courts based on evolving circumstances?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 14
Judicial interpretation in tort law allows courts to adapt and create new torts based on changing situations and societal needs. This flexibility enables the legal system to address novel harms and provide adequate compensation for individuals who have suffered harm.
Test: The Pigeon Hole Theory under Law of Torts - Question 15
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Which judges have notably supported Winfield's tort law theory, emphasizing the importance of compensating individuals who have suffered harm?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 15
Judges such as Pratt and Holt C.J. have expressed support for Winfield's theory in tort law, underlining the necessity of ensuring proper compensation for every individual who has been harmed. Their endorsement highlights the significance of this approach in the legal system.
Test: The Pigeon Hole Theory under Law of Torts - Question 16
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According to Glanville, how does the 'just tort' approach differ from the 'law of torts' approach in terms of liability rules?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 16
Glanville distinguishes between the 'just tort' approach, which features broad liability rules, and the 'law of torts' approach, which highlights the absence of widespread liability rules. This contrast underscores varying perspectives on the scope and application of liability within tort law theories.
Test: The Pigeon Hole Theory under Law of Torts - Question 17
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Which newly formed tort involves strict liability as established in the case of Rylands v. Fletcher?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 17
The tort of Strict Liability, as evidenced in the case of Rylands v. Fletcher, holds individuals accountable for harm caused by hazardous activities or conditions on their land, irrespective of fault. This legal principle represents a significant development in tort law, emphasizing accountability for certain types of harm.
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What aspect of tort law does Winfield emphasize based on the provided content?
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Winfield emphasizes the broader aspects of tort law, suggesting a broader outlook for its development. This perspective aims to encompass a wider range of considerations within the realm of tort law, promoting a more comprehensive understanding and application of legal principles.
Test: The Pigeon Hole Theory under Law of Torts - Question 19
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According to the Supreme Court of India, what approach to the development of tort law was considered unwise?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 19
The Supreme Court of India deemed barricading the development of tort law as unwise. This indicates that impeding or obstructing the progress and evolution of tort law was not seen as a favorable or prudent approach by the court.
Test: The Pigeon Hole Theory under Law of Torts - Question 20
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What analogy does Winfield draw in relation to tort law's structure?
Detailed Solution for Test: The Pigeon Hole Theory under Law of Torts - Question 20
Winfield draws an analogy to "pigeon holes" in explaining the structure of tort law. This comparison suggests a compartmentalized or categorized approach to understanding and organizing the various aspects and components of tort law.
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