Judiciary

Question 1

asserts that a person is only guilty of committing a crime if the conduct is done with the purpose to commit a crime.(maxim)

Answer 1

Actus non facit reum nisi mens sit rea

Question 2

Offences where mens rea is NOT required

Answer 2

1.Sec. 121 (waging war),
2.Sec. 124 A (sedition),
3.Secs. 359 and 363 (kidnapping and abduction), and
4.Sec. 232 (counterfeiting coins).

Question 3

Landmark Tort case for Strict Liability

Answer 3

Ryland vs Fletcher

Question 4

Right in Rem

Answer 4

right of an individual against society at large ex - Murder under IPC

Question 5

Landmark English case Right in Personam

Answer 5

Ryland vs Fletcher

Question 6

Roscoe Pound called Tort as _______

Answer 6

Social engineering and the balancing of interest b/w the parties

Question 7

Tortious liability can be of two types

Answer 7

1.Fault Based
2. Not fault based

Question 8

In Torts which right is present per se

Answer 8

Right in Rem

Question 9

Law of Tort is ________ in nature as based upon ______ and _______

Answer 9

1.Residuary
2.Equity
3. Justice

Question 10

During Infancy of Torts it was brutal in which way

Answer 10

It was an eye for an eye ( Vengeance)

Question 11

What are the remedies available against the wrong of Tort

Answer 11

1.Unliquidated
2. Abatement
3. Injunction

Question 12

What is the nature of law Private or Public

Answer 12

Private

Question 13

Who can provide remedy in Tort

Answer 13

1.Individual
2. If Public Interest then state can provide remedy

Question 14

What is Contract FOR service?

Answer 14

Independent Contractor

Question 15

What is Contract OF service

Answer 15

Master and servent relationship is there ,Master has significant control over the servent

Question 16

Do a breakdown on Nuisance

Answer 16

1. Act/Omission
   Interference in the enjoyment of land
2. Malice in Law (Malice in fact depends on case to case basis)
3. Reasonable foresight
4. Legal Damage
5. Actual Loss

Question 17

What is meant by “Interference” under Nuisance?

Answer 17

1. Injury to property OR
2. Injury to comfort OR
3. The health of p/f got bad OR
   OR ALL OF THEM

Question 18

What are defences to Nuisance

Answer 18

1.Prescription - doing something for a very long time.
2.Legalised by Law

Question 19

In which case the doctrine of Reasonable foresight was laid down?

Answer 19

Overseas Tankship vs Moto Dock engineering

Question 20

In which case the doctrine of Absolute Liability and Deep pocket theory was introduced

Answer 20

MC Mehta vs UOI

Question 21

In which English case the principle on injuria sine damnun was laid down

Answer 21

Ashby vs White (Vote Case)