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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Qui Facit Per Alium Facit Per Se - Judiciary Exams MCQ

Test: Qui Facit Per Alium Facit Per Se - Judiciary Exams MCQ


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10 Questions MCQ Test - Test: Qui Facit Per Alium Facit Per Se

Test: Qui Facit Per Alium Facit Per Se for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Qui Facit Per Alium Facit Per Se questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Qui Facit Per Alium Facit Per Se MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Qui Facit Per Alium Facit Per Se below.
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Test: Qui Facit Per Alium Facit Per Se - Question 1
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What does the principle of "qui facit per alium facit per se" primarily emphasize in terms of legal accountability?

Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 1
The principle "qui facit per alium facit per se" underscores the concept of indirect responsibility, where one person can be held accountable for the actions of another individual. This legal doctrine attributes the actions of a person acting through another back to the person themselves. It signifies a form of legal accountability that extends beyond direct involvement, emphasizing the implications of actions carried out by proxy.
Test: Qui Facit Per Alium Facit Per Se - Question 2
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In partnerships, what term is used for partners who are jointly liable for each other's wrongful acts in the normal course of business?

Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 2
Partners in a partnership who are jointly liable for each other's wrongful acts in the normal course of business are termed joint and several tortfeasors. This means that each partner can be held individually responsible for the full amount of a liability, regardless of the degree of fault attributed to them. It emphasizes the shared responsibility that partners bear in a partnership.
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Test: Qui Facit Per Alium Facit Per Se - Question 3
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What forms the basis of vicarious liability, where an individual or entity is held responsible for the wrongful actions of another party?

Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 3
The maxim "qui facit per alium facit per se" forms the basis of vicarious liability, where an individual or entity is held responsible for the wrongful actions of another party. This legal principle holds significance in cases involving wilful misconduct or torts committed by employees during the course of their duties. Employers, masters, or corporations can be held accountable for the actions of their employees under this principle.
Test: Qui Facit Per Alium Facit Per Se - Question 4
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What does the maxim within the law of agency signify when it refers to actions carried out by an agent within the apparent scope of their authority?
Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 4
When the maxim in the law of agency speaks about actions conducted by an agent within the apparent scope of their authority, it points to "ostensible authority." This concept suggests that even if an agent may not have explicit authority to act, if their actions reasonably appear to be within their authority, the principal can be held accountable for those actions. Understanding the nuances of ostensible authority is essential to grasp the complexities of agency relationships and the potential legal implications that may arise.
Test: Qui Facit Per Alium Facit Per Se - Question 5
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According to Article 300 of the Indian Constitution, what kind of actions can hold the Government of India or a State liable for tortious actions of its employees?
Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 5
Article 300 of the Indian Constitution specifies that the Government of India or a State can be held responsible for the tortious actions of its employees, particularly for acts of a sovereign nature. This means that when government employees engage in actions that fall under the scope of the state's sovereign functions, the government can be held liable for any resulting harm or damages. Understanding this constitutional provision is crucial for determining the extent of governmental accountability in tort cases.
Test: Qui Facit Per Alium Facit Per Se - Question 6
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In criminal law, what is the key focus when determining liability for an alleged offense?
Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 6
In criminal law, the key focus when determining liability for an alleged offense is on proving personal involvement and intent (mens rea) on the part of the individual accused of the offense. Unlike civil law scenarios that involve vicarious liability, criminal law centers on establishing the direct culpability and responsibility of the person accused of the crime.
Test: Qui Facit Per Alium Facit Per Se - Question 7
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What is one of the key reasons behind holding a master liable for the actions of their servant?
Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 7
Holding the master accountable for the actions of their servant serves as an incentive for them to exercise caution and diligence in selecting and overseeing their employees. This responsibility encourages masters to choose their servants wisely and provide proper supervision, ultimately promoting a safer and more accountable work environment.
Test: Qui Facit Per Alium Facit Per Se - Question 8
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What principle justifies the notion that the master, as the superior party in terms of financial resources, should bear the responsibility for any harm caused by their servant?
Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 8
The principle of vicarious liability justifies holding the master accountable for the actions of their servant based on the idea that the master, possessing greater financial resources, should bear the responsibility for any harm caused. This principle aims to ensure that those who can afford damages provide a remedy, aligning with the concept of shared responsibility and accountability in employer-employee relationships.
Test: Qui Facit Per Alium Facit Per Se - Question 9
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What was the key issue in the case of Deo Narain a Rai and Anr. Vs Kukur Bind and Ors regarding the mortgage deed?
Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 9
The central issue in the case of Deo Narain a Rai and Anr. Vs Kukur Bind and Ors revolved around the validity of the mortgage owner's signature on the mortgage deed. The court had to determine whether the signature made by the illiterate mortgage owner's representative was legally acceptable for the formation of the mortgage. This case highlights the importance of understanding legal principles related to signatures and representations in contractual agreements.
Test: Qui Facit Per Alium Facit Per Se - Question 10
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In the case of H E Nasser Abdulla Hussain Vs Dy. City, what legal principle did the court apply to rule in favor of the individual?
Detailed Solution for Test: Qui Facit Per Alium Facit Per Se - Question 10
In the case of H E Nasser Abdulla Hussain Vs Dy. City, the court applied the legal principle of "qui facit per alium facit per se" to support its ruling in favor of the individual. This principle emphasizes that one who acts through another is deemed to have acted personally. Essentially, it means that actions performed by a representative on behalf of someone else are considered to have been performed by the individual themselves.
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