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Test: Torts and the Defences against the Torts - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Torts and the Defences against the Torts

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

According to Winfield, how are torts typically remedied?

Detailed Solution for Test: Torts and the Defences against the Torts - Question 1
Winfield explains that torts are typically remedied through unliquidated damages. Unliquidated damages, unlike liquidated damages which are predetermined, refer to compensation that is not pre-estimated and is determined based on the specific circumstances of the case. This form of remedy allows the courts to assess and award damages based on the actual losses suffered by the injured party, emphasizing the principle of providing just and fair compensation for civil wrongs.
Test: Torts and the Defences against the Torts - Question 2

What defense applies when the plaintiff explicitly or implicitly agrees to actions that result in their injury, providing free consent and understanding the associated risks voluntarily?

Detailed Solution for Test: Torts and the Defences against the Torts - Question 2
The defense of "Volenti non fit Injuria" applies when the plaintiff knowingly agrees to actions that lead to their injury. This agreement must be made with a clear understanding of the risks involved and voluntarily. It is based on the principle that if a person consents to the harm caused, they cannot later seek legal redress for it.
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Test: Torts and the Defences against the Torts - Question 3

In cases like Stanley Vs Powell, where unforeseeable circumstances lead to the plaintiff's injury despite reasonable precautions, which defense exempts the defendant from liability?

Detailed Solution for Test: Torts and the Defences against the Torts - Question 3
The defense of "Inevitable Accident" frees the defendant from liability in situations where unforeseeable events, despite taking reasonable precautions, result in the plaintiff's injury. This defense hinges on circumstances that could not have been avoided even with foresight.
Test: Torts and the Defences against the Torts - Question 4
When an action causing harm is authorized by a statute, what kind of defense does it serve as?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 4
"Statutory Sanction" serves as an absolute defense when an action causing harm is permitted by law. This means that if the action is authorized by a statute, the defendant may not be held liable for the resulting injury, as it is deemed lawful under the relevant legislation.
Test: Torts and the Defences against the Torts - Question 5
What defense applies when the plaintiff explicitly or implicitly agrees to actions that result in their injury, understanding the risks and agreeing to them voluntarily?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 5
The defense of "Volenti non fit Injuria" comes into play when the plaintiff consents to actions that lead to their injury, fully aware of the risks involved and agreeing to them voluntarily. This principle holds that if the plaintiff willingly accepts the risks, they cannot later claim injury compensation. It is crucial for the plaintiff to provide free consent and comprehend the associated risks for this defense to be valid.
Test: Torts and the Defences against the Torts - Question 6
In what situation is the defense of Private Defence applicable?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 6
The defense of Private Defence is relevant when there is an imminent threat to one's person or property, necessitating a response that is proportionate to the danger faced. For this defense to be valid, there must be a real and immediate danger that justifies the defensive action taken by the individual. It serves as a means of protecting oneself or one's property in the face of a clear and imminent threat.
Test: Torts and the Defences against the Torts - Question 7
When does Statutory Sanction serve as an absolute defense in tort liability?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 7
Statutory Sanction acts as an absolute defense in tort liability when the action causing harm is explicitly permitted by a statute or law. In such cases, if the action is authorized by law, the defendant may not be held liable for any resulting injury or harm. This defense underscores the importance of adhering to legal provisions and regulations when conducting actions that may lead to harm or injury.
Test: Torts and the Defences against the Torts - Question 8
What is the central concept behind the legal principle of negligence in tort law?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 8
Negligence in tort law revolves around the failure to fulfill a duty of care towards another individual, resulting in foreseeable harm. This breach of duty is a key element in establishing legal liability. It is essential to understand the concept of duty of care and how a failure to meet this standard can lead to legal consequences.
Test: Torts and the Defences against the Torts - Question 9
What are some accepted defenses to claims of nuisance in tort law?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 9
Accepted defenses to nuisance claims in tort law include prescriptive rights and statutory authority. These defenses can absolve liability under tort law by providing legal justifications for actions that might otherwise constitute a nuisance. It is important to recognize these defenses and their implications when analyzing nuisance cases.
Test: Torts and the Defences against the Torts - Question 10
What form of interference directly impacts a person's land enjoyment through actions like battery, assault, false imprisonment, and unlawful detention?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 10
Trespass involves direct interference with someone's land enjoyment through actions like battery, assault, false imprisonment, and unlawful detention. It is a legal term that signifies unauthorized intrusion upon another's property.
Test: Torts and the Defences against the Torts - Question 11
Which defense mechanisms can absolve liability under tort law in cases of nuisance and trespass?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 11
Accepted defenses to nuisance and trespass in tort law include prescriptive rights and statutory authority. These defenses can absolve a defendant from liability in cases where their actions may have constituted a nuisance or trespass.
Test: Torts and the Defences against the Torts - Question 12
In defamation cases, what type of remarks involve damaging a person's reputation through spoken communication?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 12
Defamation through spoken remarks is known as slander. Slander involves making false and damaging statements about someone that can harm their reputation. It is a form of defamation that is not published but spoken to a third party.
Test: Torts and the Defences against the Torts - Question 13
What legal concept involves damaging a person's reputation through spoken remarks?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 13
Slander is the act of making false spoken statements that damage a person's reputation. It is a form of defamation that can lead to legal consequences. Unlike libel, which involves written or published defamatory remarks, slander specifically pertains to spoken words that harm someone's reputation.
Test: Torts and the Defences against the Torts - Question 14
What is the legal principle that states a person who commits a wrong cannot seek compensation for harm resulting from that wrong in the law of torts?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 14
Ex turpi causa non oritur actio is a legal principle that essentially means that a person who engages in unlawful behavior cannot claim damages for any harm resulting from that behavior in tort law. This principle serves as a deterrent against individuals benefiting from their own wrongdoing in legal proceedings.
Test: Torts and the Defences against the Torts - Question 15
Which defense to defamation involves making statements based on truth?
Detailed Solution for Test: Torts and the Defences against the Torts - Question 15
The defense of truth in defamation cases involves making statements that are factually accurate. This defense can protect individuals from defamation claims if they can prove that the statements made about another person are true. Truth is a critical defense as it is generally considered a strong justification for any potentially damaging remarks made about someone's reputation.
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