Law Of Torts - Study Mode
[#146] The terms Culpalata and Culpalevis mean:
Correct Answer
(A) Gross negligence and slight negligence
[#147] Which of the following is an essential ingredient to establish strict liability of the defendant?
Correct Answer
(D) Only (A) and (B)
Explanation
Solution: The correct answer is D: Only (A) and (B). Let's break down why: Strict liability means a defendant is responsible for harm caused by their actions or possessions, even if they weren't negligent or didn't intend to cause harm. Option A: Non-natural use of land: This is a key element. It means the defendant was using their land in a way that isn't typical or ordinary. For example, storing large quantities of explosives would be considered a non-natural use. Option B: Escape of a dangerous thing: This is another crucial element. The "dangerous thing" (something likely to cause harm if it escapes) must escape from the defendant's property and cause damage elsewhere. Option C: Negligence of the defendant: This is where strict liability differs from negligence. In strict liability, you don't need to prove the defendant was careless or negligent. The fact that a dangerous thing escaped from a non-natural use of land is enough to establish liability. Therefore, both a non-natural use of land AND the escape of a dangerous thing are required to establish strict liability.
[#148] What is the meaning of 'injuria sine damno'?
Correct Answer
(D) If a person's legal right is violated he can bring an action even though he has not suffered a loss
[#149] The Latin word 'Injuria Sine Damnum' literally means:
Correct Answer
(A) Infringement of legal right without damages
Explanation
Solution: The Latin phrase 'Injuria Sine Damno' literally translates to 'Infringement of legal right without damages'. In legal terms, it refers to a situation where a person's legal rights have been violated or infringed upon, even though there may not be any actual physical or monetary loss or damages suffered by that person. Option B: Damages without infringement of legal right is not correct because the Latin phrase does not refer to damages occurring without a legal right being infringed. Option C: Both (A) and (B) is not correct because Option B is not accurate as explained above. Option D: All of the above is not the correct answer as explained above. Given the options provided, the correct answer is Option A: Infringement of legal right without damages.
[#150] The distinction between sovereign and non-sovereign functions of the State was laid down in:-
Correct Answer
(D) Peninsular and Oriental Steam Navigation v. Secretary of State, India