Which of the following statement/statements is/are correct? Give correct answer by using the given below:(1) Tort is a civil wrong for which remedy is a common law action.(2) Tort is exclusively a breach of contract or breach of trust.(3) Tort is an infringement of a right in rein of a private individual.(4) Tort is violation of a legal duty owed to people generally for maintenance of law and order.

Which of the following statement/s is/are correct? Answer by using the below:
(1) In tort duty is imposed by law and is owed to the community at large
(2) A tort is founded upon consent of parties
(3) A tort is civil wrong for which the remedy is a common law action for liquidated damages
(4) In tort 'motive' for the violation of right is immaterial.

A

Only (1) is correct

B

(1) and (2) are correct

C

(1), (2) and (3) are correct

D

(1), (2), (3) and (4) are correct

Which of the following statements are correct?
1. In tort, the duties are imposed by law whereas in contract, duties are undertaken by the parties themselves.
2. In tort, the duty is towards the world at large but in contract, the duty is towards specific individual or individuals.
3. In tort, damages are liquidated but in contract, the damages are unliquidated.
4. In tort, a person may be liable for the wrongs committed by others also but in contract, the liability governs the parties to the contract only.
Select the correct answer using the given below:

A

1, 2 and 4

B

1, 2 and 3

C

2 and 4

D

1 and 4

Consider the following statements:
(1) In case of breach of contract generally damages are awarded.
(2) In case of breach of contract, remedy of specific performance of contract is always given.
(3) In case of breach of contract, fine is also imposed along with the award of damages.
(4) In exceptional cases where damages are not adequate compensation, remedy of specific performance can be given.
Which of the statements given above are correct?

A

(1) and (3)

B

(3) and (4)

C

(1) and (4)

D

(2) and (4)

Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the, breach of a contract or the breach of a trust or other merely equitable obligation. This definition of "Tort" is given by

A

Clerk and Lindsell

B

Salmond

C

Sir Federick Pollock

D

Winfield

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:

A

1 only

B

1 and 3

C

2 and 3

D

3 and 4

"Tort is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of trust or other mere equitable obligation." Who has given the above definition of tort?

A

Winfield

B

Fraser

C

Underhill

D

Salmond

Consider the following statements:
1. In tort, the duty is towards specific person
2. The nature of the wrong is similar in tort and crime
3. In tort, the duty is primarily fixed by the parties
4. The general remedy in tort is an action for injunction
Which of the above statements is/are correct?

A

3 and 4

B

1 and 4

C

2 alone

D

None of these

Consider the following elements:
1. Infringement of a legal right
2. Legal damage
3. Any damages
4. Existence of a legal right
Right to claim damages in tort would arise only if:

A

1 and 2 are present

B

1, 2 and 4 are present

C

1, 3 and 4 are present

D

3 and 4 are present

A partner cannot contract himself out of which of the following duties?
(1) Duty of utmost good faith, i.e. uberrimae fidei.
(2) Duty of carry on business to greatest common advantage.
(3) Duty to render true accounts and full information.
(4) Duty to indemnify for fraud.
(5) Duty to indemnify for willful neglect.
(6) Duty to properly use the firm's property.

A

(1), (2), (3) and (6)

B

(1), (2), (4) and (5)

C

(1), (2), (3) and (5)

D

(1), (2), (4) and (6)

PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues.
FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.

A

A has no right of private defense because it is available against an offender only

B

A has the same right of private defense against Z, which he would have had if Z was not acting under a misconception

C

A has exceeded his right of private defense

D

None of the above

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