State either True or False: (i) The word tort is derived from the French word 'tortum'. (ii) A convict does not have the same rights of action for action as any other person. (iii)... State either True or False: (i) The word tort is derived from the French word 'tortum'. (ii) A convict does not have the same rights of action for action as any other person. (iii) Doctrine of common employment was propounded for the first time in Priestley v. Fowler case. (iv) Blackburn J. laid down the rule of Strict Liability. (v) Jus tertii may be a good defence, if the plaintiff is in actual possession at the time of conversion. (vi) Incorporeal property has physical existence. (vii) Obstruction to light or air is private nuisance. (viii) Prescription is a defence available in case of nuisance. (ix) The word 'service' under Consumer Protection Act, 1986 includes the rendering of any service free of charge. (x) An appeal from an order of the Claim Tribunal to the High Court can be made within 90 days.
Understand the Problem
The question is asking to determine whether each of the statements provided is true or false, involving legal concepts related to tort law, property rights, nuisance, and legal procedures.
Answer
i: False, ii: False, iii: True, iv: False, v: False, vi: False, vii: True, viii: True, ix: False, x: True.
["The word tort is derived from the French word 'tortum' - False.","A convict does not have the same rights of action for action as any other person - False.","Doctrine of common employment was propounded for the first time in Priestley v. Fowler case - True.","Blackburn J. laid down the rule of Strict Liability - False.","Jus tertii may be a good defence, if the plaintiff is in actual possession at the time of conversion - False.","Incorporeal property has physical existence - False.","Obstruction to light or air is private nuisance - True.","Prescription is a defence available in case of nuisance - True.","The word 'service' under Consumer Protection Act, 1986 includes the rendering of any service free of charge - False.","An appeal from an order of the Claim Tribunal to the High Court can be made within 90 days - True."]
Answer for screen readers
["The word tort is derived from the French word 'tortum' - False.","A convict does not have the same rights of action for action as any other person - False.","Doctrine of common employment was propounded for the first time in Priestley v. Fowler case - True.","Blackburn J. laid down the rule of Strict Liability - False.","Jus tertii may be a good defence, if the plaintiff is in actual possession at the time of conversion - False.","Incorporeal property has physical existence - False.","Obstruction to light or air is private nuisance - True.","Prescription is a defence available in case of nuisance - True.","The word 'service' under Consumer Protection Act, 1986 includes the rendering of any service free of charge - False.","An appeal from an order of the Claim Tribunal to the High Court can be made within 90 days - True."]
More Information
The concept of 'tort' is rooted in French, meaning 'wrong'. Common employment doctrine first appeared in Priestley v. Fowler. Strict liability was introduced by Blackburn J., but refers specifically to the Rylands v. Fletcher case.
Tips
Common mistakes include confusing the origin of 'tort' and incorrectly assuming the rights of a convict. Misunderstanding legal doctrines like strict liability and terms like jus tertii can also occur.
Sources
- Torts - EdTech Books - books.byui.edu
- Priestley v. Fowler (1837) - Emerging Tort of Negligence - lira.bc.edu
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