Tort (CLAT Legal-Aptitude): Questions 61 - 62 of 82

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Question number: 61

» Tort

Appeared in Year: 2015

MCQ▾

Question

PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it. FACT: During the scarcity of onions, long queues were made outside the defendant’s shop who having a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neigh boring shopkeepers brought an action for nuisance against the defendant.

Choices

Choice (4) Response
a.

The defendant is liable for nuisance.

b.

The defendant was not liable for nuisance

c.

The defendant was liable under the principle of strict liability

d.

The plaintiff’s suit should be decreed in his favor

Question number: 62

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Ignorance of law excuses no one.

FACTS: `X’ fails to file his income tax returns for a considerable number of years. The Income Tax department serves upon him a `show-cause notice’ as to why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Which of the following derivations is CORRECT?

Choices

Choice (4) Response
a.

`X’ would have to pay the due, as ignorance of law and failure to comply with law is no legal ground of defense

b.

`X’ may defend himself successfully by taking the plea that he was unaware of any such law being in force

c.

`X’ may defend himself by taking the plea that his legal advisor had not advised him to file the return

d. None of the above

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