Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

361. Principle: Culpable homicide is not murder if the offender, deprived of self-control by grave and sudden provocation, causes the death of the person who gave the provocation. Facts: B suddenly insults and violently assaults A. Losing self-control, A immediately strikes B with a stick and B dies. Decide.

     कA has committed no offence खA is guilty of murder गA is guilty of culpable homicide not amounting to murder घA is guilty only of causing simple hurt
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

362. Principle: Mere knowledge of a risk does not amount to consent to suffer harm from it; the defence of volenti requires free and voluntary acceptance of the risk. Facts: A quarry worker knows that stones are often swung by a crane over his head. He continues working for fear of losing his job and is injured by a falling stone. The employer pleads volenti non fit injuria. Decide.

     कThe defence succeeds, as he knew of the risk खOnly the crane operator is liable गThe worker is fully to blame घThe defence fails, as knowledge is not consent
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

363. Principle: The keeper of a dangerous wild animal is strictly liable for any harm it causes if it escapes, even if he took all reasonable care. Facts: A keeps a tiger in a strong cage. Despite all precautions, the tiger escapes and injures B. Decide.

     कA is liable खOnly the cage manufacturer is liable गA is not liable, as he took all care घA is not liable, as the tiger escaped on its own
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

364. Principle: An enterprise engaged in an inherently dangerous industrial activity is absolutely liable for harm resulting from it, without any of the exceptions available under strict liability. Facts: Poisonous gas leaks from a chemical factory because of sabotage by an outsider, injuring nearby residents. Decide.

     कOnly the saboteur is liable खThe factory is liable, as absolute liability admits no exception गThe residents are liable for living near the factory घThe factory is not liable, as a third party caused the leak
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

365. Principle: It is no defence to an action for nuisance that the plaintiff came to the nuisance, i.e. moved near it after it began. Facts: A has run a noisy flour mill for years. B buys a nearby plot, builds a house and sues A for nuisance. A argues that B knowingly moved near the mill. Decide.

     कA wins, as the mill existed first खA's argument fails, as coming to the nuisance is no defence गB must pay A for moving near the mill घA wins, as B consented to the noise
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

366. Principle: A private person cannot sue for public nuisance unless he suffers special damage beyond that suffered by the public generally. Facts: A digs an unlawful trench across a public road. Most travellers are merely delayed, but B's loaded cart falls into the trench and his goods are destroyed. B sues A. Decide.

     कB can sue only for the delay खOnly the government can sue A गB can sue, as he suffered special damage घB cannot sue, as the nuisance is public
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

367. Principle: A person who employs an independent contractor is generally not liable for the contractor's negligence in carrying out the work. Facts: A hires a registered building contractor to repair his roof. The contractor negligently drops a brick, injuring a passer-by, B. B sues A. Decide.

     कA and the contractor are each liable for half खB cannot sue anyone गA is liable as the employer of the contractor घA is not liable; the contractor is liable
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

368. Principle: In trespass to land, an honest mistake about one's right to enter is no defence. Facts: A builds a wall that extends one metre into B's land, honestly believing the strip to be his own. Decide.

     कA is liable for trespass खA is not liable, as only one metre is involved गA is not liable, as his mistake was honest घB is liable for not marking the boundary
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

369. Principle: In deciding whether a child was negligent, the child is judged by the standard of an ordinary child of the same age, not of an adult. Facts: An 8-year-old child chases a ball onto a quiet road without looking, as children of that age commonly do, and is hit by a speeding car. The driver argues the child was contributorily negligent. Decide.

     कThe child is not contributorily negligent खThe child is fully to blame गThe child's parents are liable to the driver घThe child's damages must be reduced by half
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

370. Principle: A doctor is not negligent if he acts in accordance with a practice accepted as proper by a responsible body of medical opinion, even if other doctors would have acted differently. Facts: A doctor treats a fracture using a widely accepted method. A few specialists prefer another method. The patient recovers slowly and sues for negligence. Decide.

     कThe doctor is negligent, as recovery was slow खThe doctor is not negligent गThe hospital is strictly liable घThe doctor is negligent, as another method existed
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।