Test: Law of Torts - 1 - CUET Humanities MCQ

The tort of trespass to land occurs when the defendant has the intent to physically invade the property of the claimant and does invade physically without the claimant's approval or consent. The invasion can happen with objects or by people and includes invasion of some area of air above the land and some area below the land.

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

Guard has not used any kind of force. He just obstructed the entry of the plaintiff. So, he has not committed any offence. This has been clearly stated under principle 3. Moreover, no force was used.

In law of tort a person has recourse to civil remedies for damages or a court order or injunction. Generally, tort cases result in compensating the victim and criminal lawsuits are about punishments. Injunctions are court orders that, for example, may prohibit the wrongdoer from harming the victim or preventing the former from trespassing the latter's property. Occasionally, courts may also grant punitive damages, which are costs or damages in excess of the compensation.

A is true and R is also true because R is explaining the reason why tort is other than a mere breach of contract or breach of trust. This is supported by the definition of 'torts' in section 2(m) of the Limitation Act of 1963 which defines Tort as a civil wrong which is not exclusively a breach of contract or trust.

The intentional tort of false imprisonment is satisfied whenever there is intent to unlawfully confine or restrain the claimant in a bounded area and when this actually causes the claimant to be knowingly confined or restrained in a bounded area unlawfully. However, the claimant should not be trapped willingly and consensually.

An intentional tort requires the claimant to show that the defendant caused the injury on purpose. Furthermore, the claimant must show that he or she suffered a particular consequence or injury, and that the defendant's actions caused the consequence or injury. Different intentional torts deal in different consequences and intents. So, depending on the contexts and situations, there are various kinds of intentional torts; they include assault, battery, false imprisonment, unlawful harassment, invasion of privacy and so on.

Donoghue v Stevenson was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.

Trespass to land refers to the wrongful interference of one over the property of another without any legal justification. It should be direct and physical. Trespass to land is more of a right over the possession of property rather than ownership of property. That is, the person who is having actual possession over the property can even have a claim against the owner of that property for trespass to land.

The purposes of Tort law are:
Deterrence: Tort law ensures that the defendant compensates the victim for a wrongful act. This deters one from injuring others as it encourages defendants to be mindful and careful.
Fair and just response: Tort law ensures that the victim is compensated by the defendant to satisfy the demands of justice. The defendants are held liable for their wrongful act.
Loss-spreading: Tort law can be used as a tool to spread loss to a wider community. For example, where the manufacturer of a product has to pay compensation, the manufacturer may recover the costs by increasing the price of the product. In another example of automobile insurance, all drivers are required to pay auto insurance premiums, which are then used by the insurance companies to compensate the victims.