Law Quiz: Tort vs Contract vs Trust
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Questions and Answers

What is the key principle behind the maxim 'Volenti Non fit Injuria'?

  • Consent must be informed and voluntary. (correct)
  • Consent can be given for any action.
  • Consent must be documented in writing.
  • Consent is irrelevant in cases of harm.

    • Which situation would likely NOT support the defense of voluntary consent?

  • An invitee enters a private room with permission.
  • A postman delivers a letter within allowed limits.
  • A doctor performs a procedure without adequate care. (correct)
  • An individual engages in a duel with mutual agreement.

    • What is a key difference between the duty assigned in tort and in contract?

  • Tort duty is owed to the public while contract duty is owed to specific individuals. (correct)
  • Contract duty applies when there are no agreements made.
  • Tort duty is owed to specific individuals while contract duty is to the public.
  • Both tort and contract duties are owed to the community.

    • In the case of White v Blackmore, what was a crucial factor in determining liability?

    <p>The deceased's awareness of risk was inadequate.</p> Signup and view all the answers

    What type of right is violated in tort law?

    <p>A right in rem</p> Signup and view all the answers

    When can consent NOT legalize an act?

    <p>When the act is classified as unlawful.</p> Signup and view all the answers

    What is the relevance of privity in tort actions compared to breach of contract?

    <p>Privity is not required in tort but is required in breach of contract.</p> Signup and view all the answers

    Which of the following conditions is essential for the maxim 'Volenti Non fit Injuria' to apply?

    <p>Consent must be freely given.</p> Signup and view all the answers

    Which scenario exemplifies a situation where the consent could be considered invalid?

    <p>A patient consents to surgery without understanding the risks.</p> Signup and view all the answers

    How does the consideration of motive differ between tort and breach of contract?

    <p>Motive is considered in tort but not in breach of contract.</p> Signup and view all the answers

    What type of damages are typically awarded in tort compared to breach of contract?

    <p>Tort damages are unliquidated, while contract damages are fixed.</p> Signup and view all the answers

    What outcome would occur if consent is obtained through misrepresentation?

    <p>The consent is rendered invalid.</p> Signup and view all the answers

    Which of the following is NOT an element that can invalidate consent?

    <p>Full understanding of risks</p> Signup and view all the answers

    What does actionable per se refer to in tort law?

    <p>A right whose violation automatically results in a wrong</p> Signup and view all the answers

    Can a third party sue for a tort? What about a breach of contract?

    <p>A third party can sue for tort, but cannot in most cases sue for breach of contract.</p> Signup and view all the answers

    What is necessary for a conditional right to give rise to a cause of action?

    <p>There must be an actual loss suffered</p> Signup and view all the answers

    How do tort law and contract law differ in their concern with losses?

    <p>Tort law is concerned with losses, while contract law concerns itself with promises.</p> Signup and view all the answers

    Which of the following forms of mens rea is NOT recognized in tort law?

    <p>Desire</p> Signup and view all the answers

    When does the limitation period begin to run in tort law compared to breach of contract?

    <p>It begins when the damages occur in tort, and when the breach occurs in contract.</p> Signup and view all the answers

    In tort law, is the intention of the wrong-doer relevant to liability?

    <p>No, the obligation to make reparation arises from the fault</p> Signup and view all the answers

    What is the principle underlying tort law concerning the knowledge of consequences?

    <p>Every person is presumed to intend the ordinary consequences of their acts</p> Signup and view all the answers

    Which statement is true regarding the defense of intention in tort actions?

    <p>Defendants cannot claim they didn't intend harm as a defense</p> Signup and view all the answers

    How does tort law differ from criminal law in its approach to liability?

    <p>Tort law seeks to compensate victims rather than establish guilt</p> Signup and view all the answers

    Which scenario requires the consideration of malice in tort law?

    <p>A deliberate act intended to harm another</p> Signup and view all the answers

    Under what conditions can a master be held liable for the criminal acts of a servant in civil proceedings?

    <p>When the acts are committed in the course of employment</p> Signup and view all the answers

    Which act allowed the Crown to be sued for torts committed by its servants?

    <p>Crown Proceedings Act, 1947</p> Signup and view all the answers

    What does Article 300 of the Constitution of India primarily address?

    <p>The State's ability to sue and be sued</p> Signup and view all the answers

    What legal doctrine once protected the Crown from liability for tortious acts of its servants?

    <p>King can do no wrong</p> Signup and view all the answers

    Under which condition can the Union of India and State Governments be treated as juristic persons?

    <p>In civil suits related to their affairs</p> Signup and view all the answers

    What was the necessity for the Crown to assume liability for the acts of its servants?

    <p>To ensure accountability and equity</p> Signup and view all the answers

    Which of the following statements is true regarding the liability of individual wrong-doers in the context of torts?

    <p>They are personally liable regardless of Crown authorization</p> Signup and view all the answers

    What limitation does Article 300 impose regarding the circumstances under which the Union of India can be sued?

    <p>It does not specify any limitations</p> Signup and view all the answers

    Which of the following is considered a 'sovereign' function?

    <p>Construction of a military road</p> Signup and view all the answers

    In which case was it established that checking army personnel on duty is a function exclusive to the Armed Forces?

    <p>Baxi Amrik Singh v. Union of India</p> Signup and view all the answers

    What type of function is carrying Air Force officers for recreational activities considered?

    <p>Non-sovereign function</p> Signup and view all the answers

    Which of the following instances represents a non-sovereign function?

    <p>Taking government vehicles for repair</p> Signup and view all the answers

    In which situation was the government held responsible for managing police actions that led to injury?

    <p>State of Orissa v. Padmalochan</p> Signup and view all the answers

    Carrying ration and sepoys during peacetime is categorized as which type of function?

    <p>Non-sovereign function</p> Signup and view all the answers

    What is true about the maintenance of a defense force?

    <p>It involves sovereign responsibilities such as troop movement</p> Signup and view all the answers

    Taking a truck for training new Motor Transport recruits is classified as which type of function?

    <p>Non-sovereign function</p> Signup and view all the answers

    Study Notes

    Tort vs Contract

    • In tort, duty is towards all members of society, while in contract, it's towards specific individuals.
    • Tort violates rights in rem (available to everyone), while contract breaches rights in personam (specific to parties in the agreement).
    • Tort doesn't require privity (relationship between parties), but contract does.
    • Motive is considered in tort, but not in contract.
    • Damages in tort are flexible (nominal, exemplary), while contract damages are for specific financial loss.
    • Third parties can sue for tort, but not for breach of contract unless in exceptional cases.
    • Intention can be relevant in tort but not necessarily in contract.
    • Tort focuses on losses, contract on promises.
    • In tort, limitations begin when damages occur; in contract, when obligations are breached.

    Tort vs Breach of Trust

    • Damages in tort are unliquidated (not fixed), while breach of trust damages are liquidated (fixed).
    • Tort law is based on common law, while breach of trust originated in equity (Chancery courts).
    • Tort is not considered part of property law, but breach of trust is.

    Types of Rights

    • Absolute rights: Violation is actionable without proving loss (e.g., unlawful imprisonment).
    • Conditional rights: Violation is actionable only if loss is proven (e.g., defamation causing harm).

    Mental Elements in Law of Torts

    • Criminal Law requires both actus reus (action) and mens rea (guilty mind), while Tort Law only focuses on the act itself.
    • The tortfeasor (wrongdoer) doesn't need to have intended the harm, just that the action caused the harm.
    • Ignorance of the law is not an excuse in tort.

    Defences to a Tort Claim

    • Volenti non fit injuria (consent): A person cannot sue for harm they willingly accepted.
    • Act of God: Unforeseeable natural events.
    • Inevitable accident: Unpreventable event despite reasonable care.
    • Necessity: Justification for an action to prevent greater harm.
    • Private Defence: Self-defense or defense of property.
    • Acts causing slight harm: Minor harm that doesn't justify a legal action.
    • Statutory Authority: Authorized acts by law, even if they cause harm.
    • Plaintiff the wrongdoer: Plaintiff themselves caused the harm.
    • Judicial or Quasi-Judicial acts: Actions of judges or officials in their official capacity.
    • Parental and Quasi-Parental acts: Actions by parents or those acting in their place.
    • Consent can be express (explicit) or implied (understood).
    • Consent must be freely given, without coercion or misrepresentation.
    • Consent cannot legalize an unlawful act.

    Government Liability in Torts

    • Historically, the Crown (government) was immune from tort suits, but this was changed by the Crown Proceedings Act, 1947.
    • Article 300 of the Indian Constitution states that the Union and State governments can be sued.
    • The government, like any other employer, is liable for its employees' torts committed during their employment.
    • The government can be sued for 'non-sovereign' functions (trade, business, welfare), but not for 'sovereign' functions (defense, law enforcement).

    Sovereign vs. Non-Sovereign Functions

    • Sovereign functions are the core duties of the state (e.g., defense, law enforcement) and are generally immune from tort claims
    • Non-sovereign functions are activities the state engages in like a private entity (e.g., running businesses, providing services) and they are subject to tort liability.

    Examples of Sovereign Functions

    • Maintaining military forces (construction of military roads, feeding army personnel on duty)
    • Maintaining law and order (police actions to disperse crowds, quell riots)

    Examples of Non-Sovereign Functions

    • Maintaining dockyards
    • Construction of roads using government vehicles
    • Famine relief work
    • Government vehicle usage for official duties (e.g., transporting government officers)
    • Carrying military personnel within the country during peacetime (e.g., after hostilities end)
    • Transporting military personnel for non-military activities (e.g., sports)
    • Using government vehicles for training
    • Transporting equipment for military training schools

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    Description

    This quiz explores the differences between tort law, contract law, and breach of trust. You will learn about obligations, rights, damages, and the implications of each legal concept. Test your understanding of these foundational legal principles.

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