All Free Law and Constitution MCQs with Answers

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2,940 questions · page 3 of 147

  • A. Take reasonable steps to reduce the resulting loss
  • B. Accept every proposed substitute performance
  • C. Abandon all claims after the first loss
  • D. Prove that the breach was deliberately committed

Explanation: The injured party must make reasonable efforts to limit avoidable loss after a breach.

Correct answer: Take reasonable steps to reduce the resulting loss
  • A. It may reduce the damages recoverable
  • B. It automatically defeats every claim
  • C. It changes the claim into a criminal case
  • D. It increases damages as a deterrent

Explanation: Where the claimant's own lack of care contributes to the harm, the court may reduce the damages according to the applicable law.

Correct answer: It may reduce the damages recoverable
  • A. Holds property claimed by rival parties without claiming it personally
  • B. Seeks punishment for a breach of public duty
  • C. Claims compensation for personal bodily injury
  • D. Asks to reopen a final criminal conviction

Explanation: An interpleader allows a neutral stakeholder to ask the court to determine which competing claimant is entitled to the property.

Correct answer: Holds property claimed by rival parties without claiming it personally
  • A. Subject to the result of the pending litigation
  • B. Automatically void for every legal purpose
  • C. Conclusive proof of the buyer's title
  • D. Effective only after criminal approval

Explanation: The doctrine protects the court's ability to make its decree effective by subjecting the transfer to the result of the pending case.

Correct answer: Subject to the result of the pending litigation
  • A. Give the claimant a right to seek judicial relief
  • B. Prove that the defendant has a criminal record
  • C. Show that the judge prefers one party
  • D. Determine the court's annual budget

Explanation: A cause of action is the bundle of essential facts that gives rise to an enforceable right and a corresponding remedy.

Correct answer: Give the claimant a right to seek judicial relief
  • A. Restore it or pay reasonable restitution in appropriate circumstances
  • B. Keep it whenever no written contract exists
  • C. Transfer it to the nearest public office
  • D. Treat it as a criminal fine automatically

Explanation: Restitution prevents one person from retaining a benefit unfairly at another's expense.

Correct answer: Restore it or pay reasonable restitution in appropriate circumstances
  • A. A right or convenience shared by the public
  • B. Only the private ownership of one neighbour
  • C. A contractual promise between two traders
  • D. The personal reputation of one witness

Explanation: Public nuisance affects the public or a considerable section of it, such as interference with a public road or public health.

Correct answer: A right or convenience shared by the public
  • A. Discloses no cause of action
  • B. Contains any statement disputed by the defendant
  • C. Is filed by a legally represented plaintiff
  • D. Seeks a remedy available under civil law

Explanation: A plaint may be rejected on specified grounds, including failure to disclose a cause of action.

Correct answer: Discloses no cause of action
  • A. Prevent abuse of process and secure the ends of justice
  • B. Create a new criminal offence by judicial order
  • C. Replace every statutory limitation period
  • D. Allow a court to ignore a binding decree freely

Explanation: Section 151 preserves the court's inherent power to make orders necessary for the ends of justice or to prevent abuse of its process.

Correct answer: Prevent abuse of process and secure the ends of justice
  • A. Restore a benefit or position wrongfully obtained or altered
  • B. Punish the defendant with imprisonment
  • C. Declare every contract criminally invalid
  • D. Award damages without considering any loss

Explanation: Restitution focuses on reversing an unjust benefit or restoring the parties, as far as possible, to the proper position.

Correct answer: Restore a benefit or position wrongfully obtained or altered
  • A. The defendant admits the breach in writing
  • B. The accident ordinarily does not occur without negligence and the cause was under the defendant's control
  • C. The claimant suffers financial loss without physical injury
  • D. The defendant refuses to appear before the court

Explanation: Res ipsa loquitur means that the facts speak for themselves. It applies where the event ordinarily suggests negligence and the instrument…

Correct answer: The accident ordinarily does not occur without negligence and the cause was under the defendant's control
  • A. Actual loss caused by a legally wrongful act
  • B. Legal injury where the claimant proves no financial loss
  • C. Actual loss without infringement of a legal right
  • D. A criminal offence that also creates civil liability

Explanation: Damnum sine injuria means damage without legal injury. A person may suffer actual loss, but no civil claim arises if no legally protected…

Correct answer: Actual loss without infringement of a legal right
  • A. Is brought by the defendant against the plaintiff in the same proceedings
  • B. Is filed only after the original suit has been dismissed
  • C. Can be brought only by a third party against both litigants
  • D. Replaces the plaintiff's claim without requiring a court order

Explanation: A counterclaim allows the defendant to assert an independent claim against the plaintiff within the same proceedings.

Correct answer: Is brought by the defendant against the plaintiff in the same proceedings
  • A. Challenge the territorial jurisdiction of the court
  • B. Adjust a definite recoverable debt owed by the plaintiff against the plaintiff's claim
  • C. Demand punishment for the plaintiff's alleged offence
  • D. Transfer the entire dispute to an arbitration tribunal

Explanation: A legal set-off allows a qualifying debt owed by the plaintiff to be adjusted against the plaintiff's monetary demand.

Correct answer: Adjust a definite recoverable debt owed by the plaintiff against the plaintiff's claim
  • A. Prevent the court from ever passing an order against that person
  • B. Receive notice and an opportunity of hearing before an application is decided
  • C. Obtain automatic dismissal of a suit filed by another person
  • D. Convert a civil proceeding into a criminal prosecution

Explanation: A caveat is a protective notice asking the court not to decide a specified application without hearing the caveator.

Correct answer: Receive notice and an opportunity of hearing before an application is decided
  • A. Recover the property after satisfying the mortgage debt and related obligations
  • B. Sell the mortgagee's property without obtaining permission
  • C. Cancel every mortgage immediately after its creation
  • D. Avoid payment of interest in every type of mortgage

Explanation: Redemption is the mortgagor's right to recover the mortgaged property by paying the amount legally due under the mortgage.

Correct answer: Recover the property after satisfying the mortgage debt and related obligations
  • A. Filing any civil suit for the rest of life
  • B. Denying that representation when denial would prejudice the relying party
  • C. Giving evidence about matters outside the pleadings
  • D. Appealing a decree passed by consent

Explanation: Estoppel prevents a person from contradicting a representation on which another reasonably relied and changed position.

Correct answer: Denying that representation when denial would prejudice the relying party
  • A. Reputation from an unjustified publication to a third party
  • B. Physical possession from unlawful entry
  • C. Contractual expectation from delayed performance
  • D. Ownership from compulsory acquisition

Explanation: Civil defamation concerns unjustified harm to reputation caused by publication of defamatory matter to someone other than the claimant.

Correct answer: Reputation from an unjustified publication to a third party
  • A. Shows that the dispute concerns immovable property
  • B. Has an equally effective remedy available through an ordinary legal process
  • C. Presents documentary evidence with the plaint
  • D. Claims compensation together with other relief

Explanation: Equitable relief such as an injunction may be refused where an equally efficacious ordinary remedy is available.

Correct answer: Has an equally effective remedy available through an ordinary legal process
  • A. Dissolution of marriage, including dissolution sought through khula
  • B. Prosecution of theft committed by a spouse
  • C. Registration of a company owned by family members
  • D. Review of a judgment of the Supreme Court

Explanation: Family Courts have jurisdiction over specified family matters, including dissolution of marriage and related claims.

Correct answer: Dissolution of marriage, including dissolution sought through khula