Tort (CLAT Legal-Aptitude): Questions 75 - 76 of 82

Get 1 year subscription: Access detailed explanations (illustrated with images and videos) to 1066 questions. Access all new questions we will add tracking exam-pattern and syllabus changes. View Sample Explanation or View Features.

Rs. 450.00 or

Question number: 75

» Tort

Appeared in Year: 2016

MCQ▾

Question

PRINCIPLE: Consent is a good defense in a civil action for tort but the act should be the same for which consent was given.

Fact: ‘Q’ was formally invited by ‘P’ to his house. ‘Q’ after sitting for some time in drawing room, moved to the bed room of the house. ‘P’ sued ‘Q’ for trespass.

Choices

Choice (4) Response
a.

‘Q’ has interfered with privacy of ‘P’

b.

‘Q’ has offended ‘P’ by moving to bed room.

c.

‘Q’ has committed no trespass as he entered the house with ’P’s consent.

d.

‘Q’ has committed trespass as there was no consent of ‘P’ for entry in the Bed room.

Question number: 76

» Tort

Appeared in Year: 2016

MCQ▾

Question

PRINCIPLE: False imprisonment is a tort (wrong) which means the total restraint of a person’s liberty without lawful justification.

FACTS: A part of a public road had been closed for spectators of a boat race. ‘P’ wanted to enter but he was prevented by ‘Q’ and other policemen because he had not paid the admission fee. ‘P’ was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. ‘P’ remained within the enclosure and refused to leave. Subsequently, ‘P’ sued ‘Q’ for false imprisonment.

Choices

Choice (4) Response
a.

‘Q’ could not be made liable for false imprisonment as he has not touched him.

b.

‘Q’ could not be made liable for false imprisonment, as he did not totally restrict P’s movements.

c.

It was a case of false imprisonment, but ‘Q’ could not be made liable for it.

d.

‘Q’ could be made liable for false imprisonment, as he did restrict P’s movements.

Sign In