more legal Flashcards
(198 cards)
1
Q
law of torts evolved through
A
judicial prnouncements
2
Q
tort has been derived through
A
tortum
3
Q
tort means
A
a legal civil wrong
4
Q
damnum sine injuria
A
damage without legal injury
5
Q
maxim injuria sine damnum
A
legal injury without pvt damage
6
Q
injuria sine damnum
A
violation of legal right
7
Q
maxim alteram non leadere
A
to hurt nobody by word or deed
8
Q
ubi jus ibi remedium
A
when there is a wrong, there is a remedy
9
Q
liability of master and servant is
A
joint and several
10
Q
respondent superiro
A
principle is liable for agents act
11
Q
qui facit per alium facit per se
A
he who acts through another is deemed to do it himself
12
Q
res ipsa loquitor is the rule of
A
evidence
13
Q
2 or more persons can be made joint tortfeasor if they have
A
common design
14
Q
case for tort of conspiracy
A
mogul vs mc gregor
15
Q
damnum sine injuria case
A
gloucester grammar case
16
Q
absolute liability case
A
rylands vs fletcher
17
Q
injuria sine damnum case
A
ashby vs white
18
Q
inevitable accident case
A
stanley vs powel
19
Q
ex turpi causa non oritur actio
A
an action does not arise from an immoral cause
20
Q
not a valid defence against a tort
A
scienti non fit injuria
21
Q
if a hithicker dies due to drivers negligence
A
no suit for damages as volenti non fit injuria
22
Q
knowledge of risk is not acceptance of risk
A
remember
23
Q
salus populi suprema lex
A
welfare of people is the supreme law
24
Q
act of god
A
micjolas vs marshland
25
absolute liability case
rylands vs fletcher
26
strict liability case
blackburn
27
nuisance are of how many kinds
public and pvt
28
pointing of loaded pistol is
assault
29
torts purely affecting moveable property
trespass to goods
30
a mere detention of goods without any wrong to plaintiff's title
detinue
31
who propounded that it is a law of tort and not law of torts
winfield
32
pigeon hole theory propounded by
salmond
33
p standing on highway was injured by ball hit by b while playing cirkcet on his fielf
not nuisance
because its occasional nusiance
34
publisher is liable for anything published
35
it was known that a's father was associated with criminal misappropriation. b says in th e presence of a "here comes the son of a very honest man"
case of defamation
36
whose viewpoint was negligence is culpable carelessness
salmond
37
in case 2 dogs of 2 owners are libale
the money wont get divided
each owner is liable for the whole amount
38
a gives some cash and cheques to v who was an embloyee of sbi, to deposit the same in that bank in the account of a. v misappropriated the money
bank not liable
because v was not acting in course of employement
39
who came up with the design for national flag
nehru
40
vande matram has been taken from which boom
anandmath
41
perosn not memeber of parliament can be appointed as minister by pres for max period of
6 months
42
ordinance expiry date
6 weeks
43
fundamental duties added through
42nd amend
44
british conceded the demand for partition of india under
mountabatten plan 1947
45
freedom to form association and unions
art 19 c
46
art 15 (1)
no discrimination on the basis of residence
47
rajya sabha can withold the monet bill for
14 days
48
budget is
annual financial statement
49
where a person has no choice but to sign on the dotted line
standardized contract
50
agreemnt caused by mutual mistake is void
false
51
if a priest induces a devotee to transfer all his property to him
voidable
52
nothing is an offence done by a chikd under the age of
7 years old
53
defination of contract under indian contract act 1872
sec 2 (h)
54
consensus ad idem
meeting of mind
55
in case of conflict of jurisdiction the indence of contract will be governed by the law of place where
the contract was made
56
sequence of contract
offer
acceptance
consideration
agreement
57
when goods are on display the offer comes from
the customer
58
competancy of parties to contract is under
sec 10
59
incompetancy of parties to contract
sec 11
60
if a notice at the entrace of an autmatic car park is an offer, it can be accepted by
driving in
61
the most authetic mode of transport when no mode is specified
letter
62
mohiri bibi case
contract with minor is void
63
even if a minor acts fraudulantly
no estoppel against him
64
contract without free consenr
voidable
65
husband and wife
parents aand child
fiduciary relationship
66
a. person is said tobe in distress if his mental capicty is
temprarily or permanently affected
67
crime is a
public wrong
68
draft of ipc was prepared by
lord macaulay
69
main igredients of crime
mens rea and actus rea
70
actus rea means
volunatry and involuntary wrong action
71
actus non facit reum
no crime without a guilty mind
72
mens rea is essential in
all
strict absolute public nuisance etc
73
4 stages of crome
intention
preparation
action
result
74
a woman tried to commit suicide by running towards the edge of a well
she was stopped before reaching the well
no offence committed
75
a purchased a stamp in the name of b whose name he wanted to forge
forgery
76
x with intention to kill y enters y's room but he was absent
offence of trespass
77
legal insanity is
total loss of cognitive faculties
78
a intendingt o kill b mixes poison in his drink and passes on the drink to bartender to deliever it to b
howere bartendeer loses balance and spills the drink
offence of attempt to murder
79
x with intention to steal from y's bag opens the bag but finds it empty
offence of attempt to commit theft
80
a person shooting a person in the jungle by accident
no offence as its pure accident
81
a drunken person enters the else's house believing it to be his own and beats the inmate for the same
offence of trespass and assualt
82
a drunk person kills somebody
cuplable homiciode
83
homicide is killing a person
lawfully or unlawfylly
84
a instigates b an insane person to give poison to c but b consumes it himself
a guilty of abbetment to murder
85
x and y agree to commit theft but no theft was committed
criminal conspiracy
86
a doc administered a preg woman with a harmful chemical which caused the baby in her womb to die
offence of causing miscarriage
87
a gave poison to b but instead c consumed the poison
a is guilty of murder
88
a and b decided to commit suicide
first a killed b but couldnt kill himself
culpabale homicide not ammounting to murder
89
cuplable homicide is not murder if the accused is deprived of self control by grave and sudden provocation by
the deseased
90
whoever cases bodily pain dieases or injury to any person is said to cause
hurt
91
fracture or dislocation of a tooth is
grievous hurt
92
a was entrusted with some gold by b
but a ran away with the gold
offence of criminal breach of trust
93
robbery is an aggrevated form of
theft
94
for extortion to become robbery
presence of offender before the person put in fear of injury is important
95
decoity
5 or more persons
96
when a person makes no effort to find the real owner and converst the property into his own
criminal misappropriation
97
for abduction the abducted person can be
major or minor
98
foregry is offence related to
docs
99
defamation is a tort or crim
both
100
within how many days a person must get info under rti act 2005
30 days
101
doli incapax
incapable of crime
102
pari passu
supremacy of law
103
union territories that have a legislature assembly and council of ministers
delhi puducherry and j&k
104
enemy property act inc which 2 countries
pak and china
105
the basic human rights in india are contained in
constitution of india
106
to study hard
swot
107
in mint condition
in new and perfect condition
108
a person who willingly aids or consents in an activity
accessory
109
a written statement under oath and isgned by the maker as a true statement
affidavit
110
unliquidated damabes
damages to be assessed by the court
111
statement by a victin as to the cause of his death
dying declaration
112
a political party can be registered as a national party after inter alia has secured at least
6% of the total votes
113
art for subordinated courts
art 235
114
in case of contributary negligence the accused can be absolved from complete liability
remeber
115
no liability in case of public mer perception
that case of aids
116
in case of protecting a farm from intruders
an ordinary dog will suffice instead of ferocious
117
even if the customer asks a cab driver to speed up
the company would be liable on behalf of the cab driver
118
an auction is just an invitation to contract
119
consideration
a price for any purpose
something of value in the eye of law
120
if there mistake of fact on part of both parties
void
121
j a usual customer of b order certain goods from b on the day on which b transferred the business to c.
j is not liable to pay to c as he had entered into a contract to pay for the goods purchased from b
122
a goes to jeweller pretending to b and buys a ring and then gives the ring to c
the cheque is dishonoured
c is not liable to return the ring
123
defence of non est factum is available to party who has committed mistake as to the
mistake as to nature of contract
124
non est factum
document executed in ignorance
125
an agreement to share benefit of public office
void
126
quantum meriut
as much as is earned
127
a enters into contract with b to pay 5000k if india wins the world cuo
contingent contract
128
a failure to perform contract at the agreed time when time is of essence of contract renders contract
voidable
129
first elction for lok sabha
1952
130
whi elects the lok sabha
members of lok sabha
131
a case of dispute in the presidential election is decoded by
supreme court
132
amendments can be initiated by
lok sabha and rajya sabha
133
how many methods of amendments
3
134
basic structure is a creation of
judiciary
135
who appoints cag
pres
136
who appoints attorney gen of india
pres
137
administration of union territories is in the control of
pres
138
national develop council
1952
139
zonal councils
advisory bodies
140
members of upsc are appointed by
pres
141
which schedule mentions union list state list and concurrent list
schedule 7
142
famous commission on centre state relations
sarkaria commission
143
what cannon be done directly cannot be done indirectly
incolourable legislation
144
residuary powers are vested in
parliament
145
constitution of india enacted constituent assembly set up in
july 1946
146
constituent assembly was set up in
1946
147
india became a soverign democratic republic on
26th jan 1950
148
when did andhra come into existence
1953
149
bifurcation of bombay in
1960
150
which UT attained statehood in 1987
arunachal pradesh
151
25th state to achieve statehood
goa
152
first state to be bifuracted after indep
bomaby
153
reduced memebership of constituent assembly
299
154
separation of judiciary from executive is enjoined by
directive principle
155
the word economic justice is in
preamble and directive principles
156
source of indias soverignty lies with
people of india
157
which article says that there should be a pres
art 52
158
impeachememt of pres
art 61
159
which art says that there need to be a vice pres
art 63
160
there should be a governor
art 153
161
who appoints advocate gen
governor
162
chairman of national integration council
pm
163
chairman of inter state council
pm
164
keystone of cabinet arch
pm
165
primus inter pares
pm
166
national judicial academy
bhopal
167
which amend amended panchayati raj
73rd
168
judicial reviwe
us
169
right to equality
uk
170
judicial reviwe
art 13
171
fundamental duties part
part 4 A
172
patients conitions unknown to flight attendants at the time of issuing the ticket
so not liable in case of negligence
173
even if a person has his farm near a railway station since he is using lawful use of his land
there wont be any contributary negligence in case of negligence of train driver
174
not liable in case of peculiar problems
175
leaving the door of a train or bus open is careless and would make a passenger liable
176
driver hands over the vehicle to somebody else to drive
master not liable
177
a policeofficer owes a duty of care to everybody on the street
apparently
178
when husband lives sepearately from wife for a while and decides to send money to wife but stops after some time
not liable
cause there was no intention to establish legal relations
179
if there is a provision that agreement is not a legal doc
then no liability in case of breach of duty
180
in case of false represantaion
voidable
181
sometimes if a company is very sincere about their advertisemnt
they can be made liable
182
a person can propose a contract by one mode and revoke it by another
183
mortgage made by minor is
void
184
relationship between solicitor and client
fiduciary
185
contract with a drunkard and spenddrift
can be undue influence
186
in case of misrepresentemnet
the means of knowing using ordinary intelligence is considered
187
a sells goodwill of his business to b
b opens up his own shop and uses goodwill to solicit the customers
not liable
188
marrying each other is also a contract
189
contract between husband and wife is
domestic agreemnt
and it can prevent liability in some cases
190
a contract is voidable at the option of a taxi driver
191
theres a diff between statememt of intention and contract
192
you can be made liable for if u receive stolen goods
193
for extortion fear of injury is essential
194
theres a diff between criminal intimidation and extortion
195
in extortion delievery of property is essential
196
taking property from dead persons body
criminal misappropriation
197
guilty for receaving illegal gratification and not criminal breach of trsur
198
