Free Civil Law MCQs with Answers

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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…

• 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…

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.