Law Of Torts - Study Mode
[#266] Principle: An enterprise which is engaged in a hazardous or inherently dangerous activity which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding area owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of his activity. Facts: A poisonous gas leaked from the storage tank of fertilizers manufacturing industry of defendant due to a wind storm resulting in serious breathing problems and eye injuries to 'A' and 'B' who were working in the factory and 'C' and 'D' who were residing in the surrounding area.
Correct Answer
(B) Defendant is liable to compensate all i.e. 'A', 'B', 'C' and 'D'
[#267] The liability for malicious prosecution arises when the proceedings are instituted before
Correct Answer
(D) Both (A) and (C)
[#268] The expression 'Constitutional Tart' means
Correct Answer
(D) A violation of ones constitutional rights by a government officer/government action
[#269] The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint was dismissed. The defendant moved the Sessions Judge in appeal. He got himself examined in Sessions trial although he knew the charge was false and he was acting without reasonable and probable cause. His complaint was dismissed by the Session Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant. In the aforesaid case, which one of the following conclusion in correct?
Correct Answer
(A) The defendant is liable for malicious prosecution
[#270] Salmond has defined 'tort' as
Correct Answer
(A) A civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of trust or other merely equitable obligation