Match the List-I and List-II and select the correct answer using the codes given below it :List-IList-II(i) Salus populi suprema lex(a) Plantiff is not entitled for compensation if he voluntarily taken the risk(ii) Respondent superior(b) Held the master liable as all the acts done by the servant during employment are presumed to be done by his master(iii) Damnum sine injuria(c) The welfare of the people is the supreme law(iv) Volenti non fit injuria(d) If there is no infringement of right, the plantiff is not entitled for claimCode :

The correct code is (i)-(c), (ii)-(b), (iii)-(d), (iv)-(a).Salus populi suprema lex: the welfare of the people is the supreme law, the basis of defences such as necessity.Respondeat superior ('let the master answer', printed 'Respondent superior'): the master is liable for torts of the servant in the course of employment.Damnum sine injuria: damage without infringement of a legal right gives no claim, as in Gloucester Grammar School.Volenti non fit injuria: one who voluntarily accepts a risk cannot claim for harm from it.The other codes mismatch at least two maxims, for example pairing damnum sine injuria with consent to risk.

Match the pair :List IList II(a) Scienti non fit injuria(i) He who does an act through another is deemed in law to do it himself(b) Ex turpi causa non-oritur actio(ii) No injury is done to the person who knowingly does an act(c) Qui facit per alium facit per se(iii) An action does not arise from an immoral act.(d) Salus populi Supreme lex(iv) Things speak for themselves(v) The welfare of people is supreme law

The correct matching is a-ii, b-iii, c-i, d-v.Scienti non fit injuria: no injury is done to one who knowingly undertakes the risk (a form of the volenti principle).Ex turpi causa non oritur actio: no action arises from an immoral or illegal cause.Qui facit per alium facit per se: he who acts through another acts himself, the basis of vicarious liability.Salus populi suprema lex: the welfare of the people is the supreme law.'Things speak for themselves' (iv) translates res ipsa loquitur, which is not in List I, so option A is wrong; options B and D misplace (ii), (iii) and (iv).

Match the pairs :List IList II(a) Mutual agreement to do something in satisfaction of the cause of action(1) Acquiescence(b) Actual payment of the sum agreed upon(2) Release(c) Surrending the right of action against the wrong doer(3) Accord(d) Neglect to enforce the right to take action for a length of time(4) SatisfactionChoose the correct option :

The match is a-3, b-4, c-2, d-1.Accord: a mutual agreement to do something in satisfaction of the cause of action.Satisfaction: actual payment or performance of what was agreed.Release: surrendering the right of action against the wrongdoer.Acquiescence: neglecting to enforce the right of action for a length of time.Accord and satisfaction go together as a discharge of tort: the agreement is the accord and its performance the satisfaction. Option C swaps release and satisfaction, and options A and D reverse accord and satisfaction or acquiescence.

General Defences Questions and Answers

Q: Which of the following is a valid defence against an action in tort:-

The valid defence is Act of God.An act of God (vis major) is an extraordinary natural event, such as an unprecedented storm, flood or earthquake, that no human foresight could guard against. It is a recognised general defence, notably to strict liability under Rylands v. Fletcher.Mistake of fact is generally no defence in tort; a person who honestly but wrongly takes another's goods is still liable for conversion. Minority is not a general defence either: a minor is liable for his own torts, except where the claim is really an attempt to enforce a contract void against him. So 'None of the above' is also wrong.

Which of the following is a valid defence against an action in tort:-

A.Mistake of fact.
B.Act of God.
C.Minority.
D.None of the above.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: B

The valid defence is Act of God.

An act of God (vis major) is an extraordinary natural event, such as an unprecedented storm, flood or earthquake, that no human foresight could guard against. It is a recognised general defence, notably to strict liability under Rylands v. Fletcher.

Mistake of fact is generally no defence in tort; a person who honestly but wrongly takes another's goods is still liable for conversion. Minority is not a general defence either: a minor is liable for his own torts, except where the claim is really an attempt to enforce a contract void against him. So 'None of the above' is also wrong.

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Match the List-I and List-II and select the correct answer using the codes given below it :

List-I	List-II
(i) Salus populi suprema lex	(a) Plantiff is not entitled for compensation if he voluntarily taken the risk
(ii) Respondent superior	(b) Held the master liable as all the acts done by the servant during employment are presumed to be done by his master
(iii) Damnum sine injuria	(c) The welfare of the people is the supreme law
(iv) Volenti non fit injuria	(d) If there is no infringement of right, the plantiff is not entitled for claim

Code :

A.(i)-(c), (ii)-(b), (iii)-(d), (iv)-(a)
B.(i)-(c), (ii)-(d), (iii)-(b), (iv)-(a)
C.(i)-(c), (ii)-(b), (iii)-(a), (iv)-(d)
D.(i)-(b), (ii)-(c), (iii)-(d), (iv)-(a)

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: A

The correct code is (i)-(c), (ii)-(b), (iii)-(d), (iv)-(a).

Salus populi suprema lex: the welfare of the people is the supreme law, the basis of defences such as necessity.
Respondeat superior ('let the master answer', printed 'Respondent superior'): the master is liable for torts of the servant in the course of employment.
Damnum sine injuria: damage without infringement of a legal right gives no claim, as in Gloucester Grammar School.
Volenti non fit injuria: one who voluntarily accepts a risk cannot claim for harm from it.

The other codes mismatch at least two maxims, for example pairing damnum sine injuria with consent to risk.

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Match the pair :

List I	List II
(a) Scienti non fit injuria	(i) He who does an act through another is deemed in law to do it himself
(b) Ex turpi causa non-oritur actio	(ii) No injury is done to the person who knowingly does an act
(c) Qui facit per alium facit per se	(iii) An action does not arise from an immoral act.
(d) Salus populi Supreme lex	(iv) Things speak for themselves
	(v) The welfare of people is supreme law

A.a-ii, b-iii, c-i, d-iv
B.a-ii, b-iv, c-i, d-v
C.a-ii, b-iii, c-i, d-v
D.a-iii, b-ii, c-i, d-v

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: C

The correct matching is a-ii, b-iii, c-i, d-v.

Scienti non fit injuria: no injury is done to one who knowingly undertakes the risk (a form of the volenti principle).
Ex turpi causa non oritur actio: no action arises from an immoral or illegal cause.
Qui facit per alium facit per se: he who acts through another acts himself, the basis of vicarious liability.
Salus populi suprema lex: the welfare of the people is the supreme law.

'Things speak for themselves' (iv) translates res ipsa loquitur, which is not in List I, so option A is wrong; options B and D misplace (ii), (iii) and (iv).

Discuss in Forum

Match the pairs :

List I	List II
(a) Mutual agreement to do something in satisfaction of the cause of action	(1) Acquiescence
(b) Actual payment of the sum agreed upon	(2) Release
(c) Surrending the right of action against the wrong doer	(3) Accord
(d) Neglect to enforce the right to take action for a length of time	(4) Satisfaction

Choose the correct option :

A.a-4, b-2, c-1, d-3
B.a-3, b-4, c-2, d-1
C.a-3, b-2, c-4, d-1
D.a-1, b-4, c-2, d-3

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: B

The match is a-3, b-4, c-2, d-1.

Accord: a mutual agreement to do something in satisfaction of the cause of action.
Satisfaction: actual payment or performance of what was agreed.
Release: surrendering the right of action against the wrongdoer.
Acquiescence: neglecting to enforce the right of action for a length of time.

Accord and satisfaction go together as a discharge of tort: the agreement is the accord and its performance the satisfaction. Option C swaps release and satisfaction, and options A and D reverse accord and satisfaction or acquiescence.

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