Unit V · Topic 5Remoteness of damages – Previous Year Questions

A person is responsible in law of tort for

1. (a)all the consequences of his act
2. (b)all the consequences which are not remote
3. (c)all the consequences which directly flow from his act
4. (d)all the consequences which are reasonably foreseeable✓

Which of the following correctly represent the position under the law of torts?

A person is responsible for:

All the consequences of his wrongful act

Consequences which directly flow from his wrongful act

Consequences which are not too remote

All the consequences which are reasonably foreseeable

Codes:

1. (a)1 and 2 are correct
2. (b)1, 2 and 3 are correct
3. (c)2 and 3 are correct
4. (d)2, 3 and 4 are correct✓

Question: (JUNE 2010)

Injustice would manifest itself if a person is held responsible for all consequences of his act. Therefore he is responsible only for consequences not too:

Options:

1. (a)Remote✓
2. (b)Near
3. (c)In and around
4. (d)Far sighted

Question: (JUNE 2010)

Assertion (A): The consequences of a wrongful act may be endless or there may be consequences of consequences.

Reason (R): The “test of reasonable foresight” is followed usually in such cases which are based on the Wagon Mound case.

Options:

1. (a)(A) is correct, but (R) is wrong
2. (b)(R) is correct, but (A) is wrong
3. (c)Both (A) and (R) are correct✓
4. (d)Both (A) and (R) are wrong

Question:

In remoteness of damages, the main tests to determine whether damage is remote or not are:

Options:

Test of reasonable foresight

Test of remoteness

Test of directness

Test of foresightedness

1. (a)II, III
2. (b)II, IV
3. (c)III, IV
4. (d)I, III✓

The rule laid down in Re Polemis case is that the defendant shall be liable for—

1. (a)Direct consequences of his act
2. (b)Direct consequences of his act, if he could foresee some damage to the plaintiff from his act✓
3. (c)Direct consequences of his act, only if he could foresee the kind of damage which has actually occurred
4. (d)Foreseeable damage

The rule currently followed in India to determine remoteness of damages was laid down in:

1. (a)Re Polemis case
2. (b)Overseas Tankship (U.K.) Ltd. v. Morts Dock Engg. Co. Ltd.✓
3. (c)Liesbosch Dredger v. S.S. Edison
4. (d)Smith v. Landon and South Western Rly. Co.

Match List-I with List-II and indicate the correct answer using the codes given below:

Codes:

1. (a)1 2 3 4
2. (b)2 3 1 4✓
3. (c)1 4 3 2
4. (d)2 1 4 3

Match the items of List-I with List-II and choose the correct answer:

List-I (Case law) | List-II (Principle)

A. Re Polemis and Furniers, Wilhy & Co. Ltd. | 2. Remoteness of damages

B. Saheli v. Commissioner of Police, Delhi | 1. Vicarious liability of the state

C. Municipal Corporation of Delhi v. Subhagwanti | 3. Duty of care to plaintiff

D. South Wales Miners Federation v. Glamorgan Coal Company | 4. Malice in fact

Codes:

1. (a)2 1 3 4✓
2. (b)1 2 4 3
3. (c)1 2 3 4
4. (d)2 3 1 4

What does remoteness of damage mean in relation to the liability of the defendant?

1. (a)The defendant is not liable for all direct consequences of tortious acts if he could foresee them
2. (b)Foreseeability is no test of remoteness of damages
3. (c)Liable in law only for consequences which are not remote✓
4. (d)Directness of the consequences is the only test for remoteness of damages

‘A’ threw a lighted squib into a crowd. It fell on ‘X’. In order to save himself, ‘X’ threw it further, it fell on ‘Y’, and ‘Y’ also threw it away. Finally, it fell on ‘B’, injuring his eye. Who is liable to ‘B’ — A, X, or Y?

1. (a)No one is liable on principle of remoteness of damage
2. (b)‘A’ is liable because his act was the most proximate cause✓
3. (c)‘X’ is liable because he threw the squib without danger to himself
4. (d)‘Y’ is liable because he caused the injury

The test of reasonable foresight in determining remoteness of damages was first applied in

1. (a)Re: Polerris
2. (b)Wagon Mound Case✓
3. (c)Doughty v. Turner Manufacturing Co. Ltd
4. (d)S.C.M. (United Kingdom) Ltd.v..W.J. Whittal & Sons