Law Of Torts - Study Mode

[#151] Two dogs, belonging to two different persons, acting in concert attacked a flock of sheep and injured them. Which one of the following is the correct statement? In an action for damages:
Correct Answer

(B) Each of them is liable for full damage caused by their dogs

[#152] The liability for Tort arises on: 1. Violation of a right in rem. 2. Violation of a right in personam 3. Breach of a legal duty 4. Breach of an equitable obligation. Select the correct answer using the given below:
Correct Answer

(B) 1 and 3

Explanation

Solution: Liability in Tort arises when there is a violation of a right in rem (a right against the world at large) and a breach of a legal duty . Right in rem refers to a right enforceable against everyone, such as the right to personal safety or property. If this right is violated, the injured party can seek remedies under tort law. Breach of a legal duty occurs when a person fails to fulfill a duty imposed by law, resulting in harm to another party. This is a fundamental principle of tort law. Why Not the Other Options? Option A: 1 only – While the violation of a right in rem is an essential aspect, it is not the sole criterion for tort liability. A breach of legal duty is also necessary. Option C: 2 and 3 – A right in personam (a right enforceable against a specific person) is associated with contract law rather than tort law. Therefore, this option is incorrect. Option D: 3 and 4 – Breach of an equitable obligation is relevant to equity and trust law, not tort law, making this option incorrect. Thus, Option B (1 and 3) is the correct answer as it correctly identifies the grounds for liability in tort.

[#153] The careless operations of railways that led to fire in the bogie standing in the platform attracted a few public spirited rescues standing on the platform to rush in to extinguish the fire. In the course of rescue operation a rescuer was gravely injured. Can he bring tort action against the railways?
Correct Answer

(B) Yes, because the dangerous situation by railways' carelessness had invited the rescuers

[#154] Persons are said to be joint tort-feasors when their separate shares in the commission of the tort are done in furtherance of a common:
Correct Answer

(C) Design

[#155] In which of the following case, Lord Wilber force opined that "It is necessary to consider three elements inherent in any claim for nervous shock: the class of persons whose claim should be recognized, the proximity of such persons to the incident and the means adopted by which shock is caused"?
Correct Answer

(D) McLoughlin v. O'Brian