Uttarakhand Higher Judicial service (Preliminary) Examination- 2009
Question Number: 81-85
81. For an action in torts-
(A) some legal right should be damaged
(B) some moral right should be damaged
(C) some rights should be damaged
(D) None of these.
82. The difference between the maxims injuria sine damno and Damnum sine injuria lies in the fact that-
(A) the formar contemplates no wrong while the latter has damage with wrongs
(B) the formar contemplates moral wrongs while the latter contemplates wrongs
(C) the formar contemplates legal wrong with remedy while the latter moral wrongs without damages
(D) the latter contemplates moral wrongs with damage but not vice versa
83. 'X' was working at a place over which a crane swung carrying heavy stones. Both 'X' and his employer knew that the crane so swung and recognized the possibility of danger if a stone fell from the crane. No warning was given 'X' of the swinging time of the crane whenever this took place. Once a heavy stone fell from the swinging crane and injured 'X'. In a claim for torts, the employer pleaded that there was no liability on the basis of the principle volenti non fit injuria. This plea-
(A) is not correct as knowledge of the risk is not the same thing as acceptance of the risk
(B) is correct as 'X' knew the risk
(C) is for the Judge to consider at his discretion
(D) is quite novel without an authoritative decision for or against
84. 'A' had only one good eye. He was employed by 'B' on a work in which some risk to the eye by injury was clear. However, the risk was not so great as to necessitate supply of protective goggles to the workmen with both eyes good. 'B' knew the fact that 'A' had only one good eye but did not supply protective goggles to 'A' because no other workman was supplied with protective goggles. During the course of employment, the good eye of 'A' was injured. 'A' brought an action in tort.
(A) 'A' cannot succeed as he took up the work well knowing that risk injury to the good eye existed
(B) 'B' was liable because although he knew that 'A' had only one good eye and its loss would mean blindness, yet, he did not supply 'A' with protective goggles
(C) Both 'B' and 'A' are at fault and the law treats them as equal
(D) None of these
85. The element of malice-
(A) is not essential in any tort
(B) is essential in all torts
(C) is essential in the torts of defamation, malicious prosecution, willful and malicious damage to property, maintenance and slander of life
(D) is essential in the torts of defamation and malicious prosecution only
