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Consider the following statements:<br>For making occupier or owner of a land liable on the basis of strict liability rule certain essential factors are:<br>1. Keeping of a dangerous thing on his land.<br>2. non-natural use of land.<br>3. use of thing for common benefit.<br>4. escape of thing from his control.<br>Which of the statements given above are correct?
A
1, 2 and 3
B
2, 3 and 4
C
1, 2 and 4
D
3 and 4, only
Correct Answer:
1, 2 and 4
Which one of the following is the ratio decidendi of the case of Rylands v. Fletcher?
1. A person is liable if he brings on his land some dangerous thing
2. The liability arises not because there was any fault on the person but because he kept some dangerous thing on his land
3. Even if the defendant was not negligent in causing the harm, he could still be made liable under the rule
4. A person, who for his own purposes brings on his lands and keeps there anything which is likely to do mischief if it escapes, is prima facie answerable for the damage which is the natural consequence of its escape.
Which of the statements given above is/are correct?
A
1, 2 and 3
B
1 only
C
2 and 3
D
3 and 4
Principle: An occupier or owner of land owes a duty to warn a suspected trespasser of deadly conditions on the land which would be hidden to a trespasser, but of which the property owner is aware.
Factual Situation: Shiva, the owner of a Fire Cracker Factory owned a large plot of land, which he used for testing his crackers. One day while he was about to set fire to some special crackers, he noticed some children wandering on his land. Shiva did not pay any attention to the children as according to him they were trespassers. He set fire to the test crackers. One of the crackers which was supposed to ignite a series of crackers up in the sky at a height of 100 metres, did not burst in the sky. Instead, it fell to the ground and exploded, injuring one of the children. In a suit for compensation initiated by the parents of the injured child, how would you decide?
A
The child is not entitled to compensation as the child had a duty to take care
B
Shiva is not liable for payment of any compensation to a trespasser
C
Shiva is liable as he did not give any warning to the children about any danger
D
The child is not entitled to any compensation as the child is a trespasser
In each of the following question below are given some statements followed by some conclusions. Taking the given statements to be true even if they seem 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. All insects are dangerous. II. All machines are dangerous. Conclusions: I. All dangerous are insects. II. All dangerous are machines. III. Some machines are insects.
A
Only conclusion (I) follows
B
Only conclusion (II) follows
C
Only conclusion (III) follows
D
No conclusion follows
Consider the following statements:
In case of joint publication of defamatory statement:
1. A corporation is liable for the malice of its agent.
2. The proprietor of a newspaper is liable for the malice of the editor.
3. A lawyer is liable for the malice in the notice issued under the instructions of his client.
4. The employer is liable for the malice of a typist who types a defamatory letter as dictated by his employer.
Which of the statements given above are correct?
A
1 and 2
B
1 and 3
C
3 and 4
D
1 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
Which of the following statements are correct?
1. Abettor may be liable for a different offence than that for which principal is liable
2. Abettor is liable even if principal is innocent
3. Abettor's liability is dependent on the liability of the principal
4. Abettor must have the same guilty intention or knowledge as the principle
Select the correct answer:
A
1 and 2
B
1, 3 and 4
C
1, 2 and 4
D
2, 3 and 4
Consider the following statements:
1. A Circus Company keeps wild animals and trains them. One of them escapes and causes injury to a spectator. Company is not liable.
2. A person who brings and keeps any dangerous thing, keeps it at his risk, if it escapes and causes damages he is liable. Of these statements
A
Both 1 and 2 are false
B
Both 1 and 2 are true
C
1 is true but 2 is false
D
1 is false but 2 is true
In the question given below,three paragraphs are given, which arejumbled. Find the correct sequence ofthese paragraphs so that they form ameaningful passage.
A. Climate change is warming the ocean,but its warming land faster and thatsreally bad news for air quality all overthe world, says a new University ofCalifornia, Riverside study. The study,published February 4 in Nature ClimateChange, shows that the contrast inwarming between the continents andsea, called the land-sea warmingcontrast, drives an increasedconcentration of aerosols in theatmosphere that cause airpollution. Aerosols affect the climatesystem, including disturbances to thewater cycle, as well as human health.They also cause smog and other kinds ofair pollution that can lead to healthproblems for people, animals, andplants.
B. To determine this, the researchersran simulations of climate change undertwo scenarios. The first assumed abusiness-as-usual warming model, inwhich warming proceeds at a constant,upward rate. The second model probeda scenario in which the land warmed lessthan expected. In the business-as-usualscenario, enhanced land warmingincreased continental aridity and,subsequently, the concentration ofaerosols that leads to more air pollution.
C. A robust response to an increase ingreenhouse gases is that the land isgoing to warm faster than the ocean.This enhanced land warming is alsoassociated with increased continental
aridity. The increase in aridity leads todecreased low cloud cover and less rain,which is the main way that aerosols areremoved from the atmosphere.
A
ACB
B
BCA
C
BAC
D
CAB
In which case following rule was laid: "We think that the true of law is that the person who for his own purposes brings on his lands and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of Its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default; or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient".
A
Donoghue v. Stevenson
B
Rylonds v. Fletcher
C
M. Mehta v. Union of India
D
Nichols v. Marsland
Consider the following for the definition of principal employer under Inter-state Workmen Regulation Act, 1979.
1. It is the head of that office or department in any department of the government.
2. In a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948.
3. In a mine, the owner or agent of the mine and where a person has been named as the manager of the mine.
4. In any other establishment, any person responsible for the supervision and control of the establishment.
A
1, 2, 3 and 4
B
Both 2 and 3
C
Both 1 and 3
D
1, 2 and 3