Tort (AILET Legal-Aptitude): Questions 3 - 4 of 29

Get 1 year subscription: Access detailed explanations (illustrated with images and videos) to 151 questions. Access all new questions we will add tracking exam-pattern and syllabus changes. View Sample Explanation or View Features.

Rs. 150.00 or

Question number: 3

» Tort

Appeared in Year: 2013

MCQ▾

Question

LEGAL PRINCIPLE: False imprisonment is the confinement of a person without just cause or excuse. There must be a total restraint of the person and the onus of proving reasonable cause is on the defendant.

FACTUAL SITUATION: A entered in B’s park where there was an artificial lake for the boating. A paid Rs. 100 for entering the park and has to pay Rs. 100 at the time of exit. A waited for 30 minutes but no boat was available. A came out, however, denied to pay Rs. 100 for exit, B did not allow A to leave the park unless he paid Rs. 100 for exit. A sued B for false imprisonment.

Choices

Choice (4) Response

a.

B is guilty of false imprisonment

b.

A can ask for even Rs. 100 given for entering the park as B’s services are deficient in the park and can sue B for false imprisonment

c.

B is not guilty of false imprisonment

d.

A can lawfully refuse to pay Rs. 100 when no boat was available

Question number: 4

» Tort

Appeared in Year: 2013

MCQ▾

Question

LEGAL PRINCIPLES: 1) Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do. 2) Defendant’s duty of care depends on the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.

FACTUAL SITUATION: The defendant’s employees of the Municipal Corporation opened a manhole in the street and in the evening left the manhole open and covered it by a canvass shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there, when he stumbled over it and fell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries. The defendants are

Choices

Choice (4) Response

a.

Liable because they acted unreasonably

b.

Liable because they should have completed the work before they left

c.

Not liable because they acted reasonably

d.

Not liable because the injury to plaintiff is not foreseeable

Sign In