Law Entrance - Legal Reasoning & Aptitude

Substantive Law, Legal Principles & Maxims question bank (Constitutional Law, Torts & Criminal Jurisprudence)

Practice 659 free Law Entrance - Legal Reasoning & Aptitude Constitutional Law, Torts & Criminal Jurisprudence - Substantive Law, Legal Principles & Maxims questions with answers and step-by-step solutions.

Q1.

Constitutional Jurisprudence: In 'Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability', which landmark judgment of the Supreme Court of India established that Parliament cannot alter or destroy the 'Basic Structure' of the Constitution?

(A)

Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225 (Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability)

(B)

Golaknath v. State of Punjab (1967)

(C)

Minerva Mills v. Union of India (1980)

(D)

Maneka Gandhi v. Union of India (1978)

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Q2.

Law of Torts (Strict vs Absolute Liability): In 'Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability':
Principle: An enterprise engaged in a hazardous or inherently dangerous industry owes an absolute and non-delegable duty to the community that no harm results to anyone.
Facts: A chemical factory leaks toxic oleum gas into a nearby township due to unforeseen sabotage. Does the defense of act of a third party exempt the enterprise from liability under Indian law?

(A)

No, under the Absolute Liability rule laid down in M.C. Mehta, no exceptions or defenses apply to hazardous industrial operations (Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability)

(B)

Yes, because sabotage constitutes an act of a third party under Rylands v. Fletcher

(C)

Yes, if the factory had obtained an operating license from the government

(D)

No, but liability is strictly limited to statutory worker compensation

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