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TORTS - 2nd Internal

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12 views4 pages

TORTS - 2nd Internal

Uploaded by

Tejasree Poloju
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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LAW OF TORTS -2nd

SHORT ANSWERS:

1. Distinguish between Assault and Battery.

Ans.

ASSAULT BATTERY
There is no physical contact. In battery physical contact is necessary.
It is an attempt to commit criminal force. It is attempted and use of force is an act of
battery.
It is an apprehended Act. It is a completed act.
Every assault may not include battery. Every battery must include assault.
An assault is an overed act indicating an A battery is sometimes a more in
immediate ability to commit a battery intentional application of force to the
coupled with the capacity of carrying out person without lawful justification.
the intention into effect.

2. Essentials of Defamation.

Ans. Essentials of defamation are:

• The statement must be defamatory: Defamation statement is the one which tends to
injure the reputation of the plaintiff
• The said statement must refer to the plaintiff: In an action for defamation, the
plaintiff has to prove that the statement of which he complains referred to him.
• The statement must be published: Publication means making the defamatory matter
known to some person other than the person defamed, and unless that is done, no
civil action for defamation lies.
3. Judicial and Extra Judicial Remedies.

Ans. Judicial remedies:

1. Judicial remedies are: Damages, Injunctions, and Specific Restitution of Property or


Specific Performance.
2. They require process of law.
3. There is no chance of using force.
4. Some delay is caused to get the relief due to the procedures of the courts.
5. In most of the remedies, compensation and other reliefs are available.
6. All judicial remedies are accepted by the law.

Extra judicial remedies:

1. Extra judicial remedies are: Expulsion of Trespasser, Re-entry on land, Reception of


goods, Distress damage feasant, Abatement of Nuisance.
2. They do not require process of law.
3. Sometimes the plaintiff may use reasonable force.
4. Immediate relief is available.
5. In most of the remedies compensation will not be available.
6. The w\extra judicial remedies are accepted by law, until the remedies are within the
reasonable limits.
4. Essentials of Negligence.

Ans. Essentials of negligence are as follows:

• That the defendant owed duty of care to the plaintiff: It means a legal duty rather
than a mere moral, religious or social duty.
• The defendant made a breach of that duty: Means non-observance of due care which
is required in a particular situation.
• The plaintiff suffered damage as a consequence thereof: It is also necessary that the
defendant’s breach of duty must cause damage to the plaintiff.
5. Salient features of Consumer Protection Act, 2019.

Ans. Salient features of Consumer Protection Act, 2019:

• Makes provisions for e-commerce as well as incorporates technology.


• Establishment of Central Consumer Protection Authority (CCPA).
• Strict norms for misleading advertisements.
• Strict norms for product liability.
• Changes in pecuniary jurisdiction.
• Addition in the clause of “Unfair Trade Practice”
• Unfair Contract
FILL IN THE BLANKS:

1. Nuisance is an UNLAWFUL INTERFERENCE with person’s use or enjoyment of


land.
2. Any surrender of a right of action is called RELEASE
3. An INJUNCTION is an order of court directing of doing some act or restraining of
some act.
4. INNUENDO are words, which appear innocent but have a latent defamatory meaning.
5. Slander is published of defamatory statement in TRANSIENT form.
6. “The test of reasonable foresight,” was held in WAGON MOUND case.
7. Inducement of breach of contract was established in LUMLEY Vs GYE case.
8. Acquiescence means SLEEPING OVER RIGHTS
9. NOMINAL damages are awarded by the court to plaintiff by way of recognition of
some legal rights.
10. Assault means APPREHENSION OF FEAR

MULTIPLE CHOICE QUESTIONS:

1. The right of action by plaintiff against defendant maybe discharged by


a) Waiver
b) Release
c) Accord and Satisfaction
d) All of the above
2. Actio personalis moritur cum persona means
a) Action lies on defendant
b) Action speaks for itself
c) Personal action ends with the death of the person
d) Superior …
3. Res Ipsa Loquitor means
a) The things speak for other
b) The things speak for itself
c) No need to speak
d) None
4. Libel is a defamation which is caused in a
a) Temporary form
b) Permanent form
c) Both a & b
d) None
5. Remoteness of damages is determined by
a) Test of directness
b) Test of reasonable foresight
c) Both a & b
d) None
6. A has given some jewellery for safe custody but B sells them. B has committed wrong
of
a) Detinue
b) Conversion
c) Theft
d) None
7. For false imprisonment the plaintiff has to prove that
a) The restraint was partial
b) The restraint was total
c) No restraint at all
d) All of the above
8. In a suit for defamation the defendant can take defence of
a) Truth
b) Fair Comment
c) Privilege
d) All of the above
9. In an action for malicious prosecution the plaintiff must prove that
a) The plaintiff was prosecuted by defendant
b) The defendant acted Maliciously
c) The plaintiff suffered damage
d) All of the above
10. Which one of the following is Defence for wrong of nuisance
a) Statutory Authority
b) Prescriptive Authority
c) Both a & b
d) None

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