Law Of Torts - Study Mode
[#356] Assertion (A): Public and private nuisance are not in reality two species of the same genus at all. Obstruction of a highways is public nuisance but an individual can sue on proof of special damages to him. Reason (R): Negligence is a necessary condition of a claim for nuisance and the latter is a breach of the former.
Correct Answer
(C) A is true but R is false
[#357] Consider the following statements: 1. Tortious liability arise from breach of a duty primarily fixed by the law. 2. This duty is towards persons generally. 3. Breach of this duty is repressive by an action for unliquidated damages. 4. The quantum of damages is determined by the court. Which of the above statements are correct?
Correct Answer
(B) 1, 2, 3 and 4
[#358] Res ipsa loquitur is a rule of
Correct Answer
(D) Evidence law
[#359] The maxim 'audi alterm partem' denotes:
Correct Answer
(B) No one shall be condemned unheard
Explanation
Solution: The Latin maxim 'audi alteram partem' translates to "hear the other side" or "no one shall be condemned unheard." This principle is a fundamental aspect of natural justice and procedural fairness in legal proceedings. It implies that all parties involved in a dispute should have the opportunity to present their side of the case and provide evidence before a decision is made. The principle ensures that decisions are made based on a complete and unbiased understanding of the situation, and it upholds the right to a fair hearing for all parties. Option A: No one shall be judge of his own cause This option is incorrect. The maxim "nemo iudex in causa sua" pertains to the principle that no one should be a judge in their own case. It emphasizes the importance of impartiality in legal proceedings. Option C: Rights are better than duties This option is incorrect. The maxim "rights are better than duties" is not directly related to the principle of 'audi alteram partem.' Option D: None of the above This option is incorrect. The correct answer is Option B: No one shall be condemned unheard , as it accurately represents the meaning of the maxim 'audi alteram partem.'
[#360] X, a mill owner, employed independent contractors to construct a reservoir for his mill. During the course of construction the contractors came upon some old shafts and passages on the land of X. The contractors did not block them. When the reservior was filed, water burst through the old shafts and flooded the mines of 'Y'. 'Y' sued 'X'. 'X' was held liable. He could have not been liable if he could show that
Correct Answer
(C) Escape was owing to palintiff's default