Tort (CLAT Legal-Aptitude): Questions 18 - 20 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: 18

» Tort

Appeared in Year: 2013

MCQ▾

Question

Principle: An unlawful interference with a person’s use or enjoyment of land or some right over, or in connection with it, is a nuisance in law of tort.

Facts: 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 neighboring shopkeepers filed a suit for nuisance against the defendant. Which one of the following decision will be correct in this suit?

Choices

Choice (4) Response
a.

The defendant is liable under the principle of strict liability

b.

The plaintiff’s suit should be declared in favor of the neighboring shopkeeper

c.

The defendant is not liable for nuisance

d.

The defendant is liable for nuisance

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: 19 (1 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rules A and B to Shazia’s case, you would decide:

Choices

Choice (4) Response
a.

In favor of Shazia only under Rule A.

b.

Against Shazia under Rule A as well as B.

c.

Against Shazia under Rule B.

d.

In favor of Shazia under Rule A as well as B.

Question number: 20 (2 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rule B to Shazia’s case, you would decide in favor of:

Choices

Choice (4) Response
a.

Javed and Sandeep because hoisting a flag 75 feet above one’s roof is not essential to the use and enjoyment of the land.

b.

Shazia because she has the right to put her land to any use and the court cannot go into her intentions for hoisting a flag at 75 feet.

c.

Shazia because she has the absolute right to the space above her land.

d.

Javed and Sandeep because Shazia can easily hoist a flag below 70 feet.

Sign In