Tort (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 23 - 26 of 82

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Passage

Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.

Rule B: Rights above the land extend only to the point they are essential to any use or enjoyment of land.

Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable employment of his or her land.

Ramesh’s case: Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has traveled the distance of almost 7000 kilometers it passes over Ramesh’s property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.

Question number: 23 (5 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rule B and C to Ramesh’s case, you would decide:

Choices

Choice (4) Response

a.

Against Ramesh under Rule C.

b.

In favor of Ramesh only under Rule B.

c.

In favor of Ramesh under Rule B as well as C.

d.

Against Ramesh under Rule B as well as C.

Question number: 24

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object (s).

FACTS: `A’ throws some stones upon his neighbor’s (B’s) premises.

Which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

`A’ has not committed trespass, as he has not entered B’s premises

b.

`A’ has committed trespass

c.

`A’ has committed nuisance

d.

Question does not provide sufficient data or is vague

Question number: 25

» Tort

Appeared in Year: 2010

MCQ▾

Question

What is the meaning of chattel?

Choices

Choice (4) Response

a.

Immovable property

b.

Cattle

c.

Any property

d.

Movable property

Question number: 26

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: In a civil action for defamation, truth of the defamatory matter is an absolute defense. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.

FACTS: `D’, who was the editor of a local weekly, published a series of articles mentioning that `P’, who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a `mischief monger’. `P’ brought a civil action against `D’, who could not prove the facts published by him. Under the circumstances, which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

D would dont be liable, as such an action could curtail the right of expression and speech of press

b.

D would be liable, since he could not prove the facts published by him

c.

D would not be liable, as media could publish anything

d.

Question does not provide sufficient data or is vague

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