Podcast
Questions and Answers
What is the key principle behind the maxim 'Volenti Non fit Injuria'?
Which situation would likely NOT support the defense of voluntary consent?
What is a key difference between the duty assigned in tort and in contract?
In the case of White v Blackmore, what was a crucial factor in determining liability?
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What type of right is violated in tort law?
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When can consent NOT legalize an act?
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What is the relevance of privity in tort actions compared to breach of contract?
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Which of the following conditions is essential for the maxim 'Volenti Non fit Injuria' to apply?
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Which scenario exemplifies a situation where the consent could be considered invalid?
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How does the consideration of motive differ between tort and breach of contract?
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What type of damages are typically awarded in tort compared to breach of contract?
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What outcome would occur if consent is obtained through misrepresentation?
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Which of the following is NOT an element that can invalidate consent?
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What does actionable per se refer to in tort law?
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Can a third party sue for a tort? What about a breach of contract?
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What is necessary for a conditional right to give rise to a cause of action?
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How do tort law and contract law differ in their concern with losses?
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Which of the following forms of mens rea is NOT recognized in tort law?
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When does the limitation period begin to run in tort law compared to breach of contract?
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In tort law, is the intention of the wrong-doer relevant to liability?
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What is the principle underlying tort law concerning the knowledge of consequences?
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Which statement is true regarding the defense of intention in tort actions?
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How does tort law differ from criminal law in its approach to liability?
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Which scenario requires the consideration of malice in tort law?
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Under what conditions can a master be held liable for the criminal acts of a servant in civil proceedings?
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Which act allowed the Crown to be sued for torts committed by its servants?
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What does Article 300 of the Constitution of India primarily address?
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What legal doctrine once protected the Crown from liability for tortious acts of its servants?
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Under which condition can the Union of India and State Governments be treated as juristic persons?
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What was the necessity for the Crown to assume liability for the acts of its servants?
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Which of the following statements is true regarding the liability of individual wrong-doers in the context of torts?
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What limitation does Article 300 impose regarding the circumstances under which the Union of India can be sued?
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Which of the following is considered a 'sovereign' function?
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In which case was it established that checking army personnel on duty is a function exclusive to the Armed Forces?
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What type of function is carrying Air Force officers for recreational activities considered?
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Which of the following instances represents a non-sovereign function?
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In which situation was the government held responsible for managing police actions that led to injury?
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Carrying ration and sepoys during peacetime is categorized as which type of function?
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What is true about the maintenance of a defense force?
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Taking a truck for training new Motor Transport recruits is classified as which type of function?
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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.
Volenti Non Fit Injuria (Consent)
- 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.