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Which of the following statements are not correct?<br>(1) Res ipsa loquitur is used for the purpose of fixation of liability based on strict liability.<br>(2) Inference of negligence could properly be drawn in res ipsa loquitur<br>(3) Res ipsa loquitur dispenses with taking of evidence<br>(4) Res ipsa loquitur mostly favours the defendant<br>Select the correct answer using the given below:
A
(1), (2) and (3)
B
(1), (3) and (4)
C
(2), (3) and (4)
D
(1), (2), and (4)
Correct Answer:
(1), (3) and (4)
Propositions as regards the liability of the surety under the surety bond are:
1. The liability of the surety is mutually exclusive of the liability of the accused under his personal bond.
2. The liability of the surety is contingent on the liability of the accused under his personal bond the liability of the surety.
3. is limited to the amount of the surety bond.
Now which of the following is correct
A
1 and 3 are correct
B
1 and 2 are correct
C
2 and 3 are correct
D
1, 2 and 3 all are correct
Select the correct answer choice of the following Question : "At Lions High School 100 students are taking Chemistry and 80 students are taking Biology. If 20 students are taking both Chemistry and Biology, what is the ratio of the students taking only Chemistry to the number taking only Biology?
A
3/4
B
4/3
C
5/4
D
1/4
Which of the following statements is/are correct with regard to 'absolute liability' principle laid down in M. C. Mehta v. Union of India. Answer by using the below:
(1) The principle was approved except as to quantum of damages in Charan Lal Sahu v. Union of India
(2) The principle in determining compensation was applied in Union Carbide Corporation v. Union of India
(3) The compensation to be awarded must have some broad correlation not only with magnitude and capacity of the enterprise but also with the harm caused by it was held in Deepak Nitrite v. State of Gujarat
(4) The principle is not followed in India because Parliament could not yet pass Public Liability Insurance Bill, 1991
A
Only (1) is correct
B
(1) and (2) are correct
C
(1), (2) and (3) are correct
D
(1), (2), (3) and (4) are correct
PRINCIPLE: The standard of care to determine whether a person has been guilty of negligence is the standard of care which in the given circumstances, a reasonable man could have foreseen.
FACT: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters was playing nearby. On hearing the noise of the pump, she was curious to see the motor. She touched the motor which was not covered properly and three of her fingers were cut.
A
The parents of the child cannot sue the University on any grounds
B
In spite of the child's act, the parents can successfully sue the University for damages
C
The University can be made liable only to the extent of the cost of treatment as the child also contributed to the accident
D
Only the child can sue and not her parents
The joint liability in respect of joint tort-feasors arises in which one of the following circumstances?
1. Agency, when one person employs another to do an act which turns out to be a tort.
2. Vicarious liability, i.e., the liability arising from relations.
3. Joint action - where two or more persons combine together to commit an act which amounts to a tort.
Select the correct answer using the given below:
A
1 and 2
B
2 and 3
C
1, 2 and 3
D
1 and 3
In each of the following question below are given some statements followed by some conclusions. Taking the given statements to be true even if theyseem to be at variance from commonly known facts, read all the conclusions and then decide which of the given conclusion logically follows the given statements.
Statements:
I. Some cups are plates.
II. All spoons are blue.
III. No plates are spoon.
Conclusions:
I. Some cups are not spoon.
II. Some plates are not blue.
III. Some cups are not blue.
IV. Some blue are not plates.
A
Only conclusion (I), (III) and (IV) follow.
B
Only conclusion (II) and (IV) follow.
C
Only conclusion (II), (III) and (IV) follow.
D
Only conclusion (I) and (IV) follow.
In which of the fallowing case the Supreme Court held that the jurisprudential concept of negligence differs in civil and criminal laws; what may be negligence in civil law may not necessarily be negligence in criminal law.
A
Jacob Mathew v. State of Punjab, AIR 2005 SC 3180
B
Basavaraj v. Dhanalakshmi Finance Co. (R) Terdal, AIR 2010 SC 382
C
Sunil v. State of Haryana, AIR 2010 SC 392
D
None of the above
At Lions High school 100 students are taking chemistry and 80 students are taking Biology. If 20 students are taking both chemistry and Biology , what is the ratio of the students taking only chemistry to the number taking only Biology?
A
3/4
B
4/3
C
5/4
D
1/4
Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of 'A', Dr. 'B' left a mop inside the body of 'A'. 'A' suffered acute pain and has to be operated again for the removal of the mop.
'A' sues Dr. 'B' for damages.
A
'A' will not succeed as he has consented to the surgery
B
Dr. 'B' is liable for all the injuries suffered during surgery
C
Dr. 'B' is liable as leaving a mop inside the body during surgery raised a presumption of negligence on his part
D
'A' will not succeed as he can not prove the negligence of Dr. 'B' in performing the surgery
Assertion (A): The liability for negligence is based upon a general public sentiment of moral wrong doing for which the offender must pay.
Reason (R): On breach of duty towards the plaintiff to take care that results in damage, the plaintiff can sue for damages for negligence.
A
Both A and R are true and R is the correct explanation of A
B
Both A and R are true but R is not a correct explanation of A
C
A is true but R is false
D
A is false but R is true