AILET (All India Law Entrance Test) Legal-Aptitude: Questions 49 - 50 of 152

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Question number: 49

» Tort

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Appeared in Year: 2015

MCQ▾

Question

LEGAL PRINCIPLE: The occupier of a premise owes a duty of care to all his invitees and visitors.

FACTUAL SITUATION: Lalit was running a dairy from his house. People used a part of his farm as shortcut to get to a nearby railway station. Lalit who did not approve of this, put up a notice that “Trespassers will be prosecuted”. However, since a number of these people were also his customers he tolerated them. One day a person who was using this short cut was attacked by a bull belonging to the farm. The injured person filed a suit against him.

Choices

Choice (4)Response

a.

Lalit is not liable in view of the clear notice against trespassers.

b.

Lalit is liable because in fact he allowed the people to use his premises.

c.

Lalit is liable for having kept a bull on his farm.

d.

Lalit, is not liable to the people other than his customers.

Question number: 50

» Tort

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Appeared in Year: 2014

MCQ▾

Question

Defamation means publication of a statement injuring the reputation of a person without lawful justification. Such statement must reflect on a person’s reputation and tends to lower him in the estimation of right thinking members of the society generally or tends to make them shun or avoid him.

FACTUAL SITUATION: Madam Tussauds Ltd. decided to keep a waxwork exhibition, and placed an effiav of Babloo Prasad with a gun, in a room adjoining the “Chamber of Horrors”. Mr. Babloo Prasad had been tried for murder in India and released on a verdict of “not proven guilty” and a representation of the scene of the alleged murder was displayed in the Chamber of Horrors. Is it amount to defamation?

Choices

Choice (4)Response

a.

No defamation as there was not proper publication.

b.

No Defamation as Babloo was an accused.

c.

Defamation as his guilt was not proved and he was released by the court.

d.

All of the above

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