Most states that have abolished the complete defense of contributory negligence in favor of the comparative fault system of apportionment of liability have also abolished the complete defense of secondary implied assumption of risk. Which of the following statements most accurately describes the reason for abolishing the assumption of risk defense in a jurisdiction that has moved to comparative fault?

• Having two different defenses with different effects (comparative fault a partial defense, assumption of risk a complete defense) is too complicated for a jury to understand

• The defense of contributory negligence was abolished in order to reduce the number of cases that would be put to the jury; that goal would be undermined if the complete defense of secondary implied assumption of risk were to be retained

•  Because secondary implied assumption of risk also amounted to contributory negligence, abolition of the latter defense necessarily indicated abolition of the former

•  Because secondary implied assumption of risk also amounted to contributory negligence, abolition of the latter defense necessarily indicated abolition of the former

 Public policy or the policy of law is an:

•  Illusive concept

• Untrustworthy guide

• Unruly horse

• Unruly horse

 A wager is a game of

•  Chance and valid

•  Chance and unenforceable

•  Chance and immoral

•  Chance and immoral

 The maxim ‘Actus non facit reum, nisi mens sit rea’ means

• Guilty mind gives birth to crime

• There can be no crime without a guilty mind

• Crime is a child of guilty mind

• Crime is a child of guilty mind

With reference to criminal law response to the following

•  Plaintiff to sue the defendant

• Plaintiff to prosecute the defendant

• Prosecutor to prosecute the defendant

• Prosecutor to prosecute the defendant

Crime is a

•  Public wrong

• Private as well as public wrong

• Private wrong

• Private wrong

The loss or damage arising from a breach of contract has to be ascertained

• At the time of the making of contract

• At the time of the frustration of contract

• At the date of the breach of contract

• At the date of the breach of contract

 Which of the following is the most common remedy for breach of contract.

• Damages

•  Specific performance

• Injunction

• Injunction

39.

 Mahesh entered into a contract with Suresh to pay him a sum of Rs. 5,000/- if India wins the world cup; while, Suresh to pay Rs. 5,000/- to Mahesh if India did not win the cup. It is a

• Wagering agreement

•  Goodwill contract

•  Voidable contract

•  Voidable contract

 An anticipatory breach of contract occur

•  When after the promised date of performance, the promisor absolutely repudiates the contract

• When prior to the promised date of performance, the promisor partially repudiates the contract

•  When prior to the promised date of performance, the promisor absolutely repudiates the contract

•  When prior to the promised date of performance, the promisor absolutely repudiates the contract