Boost your legal knowledge with 250+ carefully curated MCQs on the Law of Torts. Ideal for law students and competitive exam aspirants. Practice, revise, and master key tort concepts with this comprehensive question bank on law of torts.
1. The word tort has been derived from the Latin word
A.Wrong
B.Totem
C.Tortum
D.Civil
2. Tort is a
A.Accident
B.Civil wrong
C.Criminal wrong
D.Murder
3. Tort law is not codified.
A.Yes
B.No
C.Maybe
D.None of the above
4. In Torts the loss caused doesn’t have to be monetary
A.Yes
B.No
C.Maybe
D.None of the above
5. A stops B from casting his vote in the elections. Will A succeed in an action against B?
A.Yes
B.No
C.Maybe
D.None of the above
6. Torts are redressible by an action for
A.Liquidated damages
B.Exemplary damages
C.Unliquidated damages
D.None of the above
7. The wrongful act or omission must result in
A.Legal damage
B.Any damage
C.Accident
D.Attempt
8. If Rama invites her friend Priya for dinner but Priya doesn’t show up will it lead to a civil wrong?
A.Yes
B.No
C.All of the above
D.None of the above
9. If Ramesh sees Ashok drowning and despite of the calls for help doesn’t do anything. Will he be liable?
A.Yes
B.No
C.All of the above
D.None of the above
10. Rani gives money to the beggar on the street every day. She suddenly stops. Will she be liable?
A.Yes
B.No
C.All of the above
D.None of the above
11. What kind of wrongs are not Torts?
A.Social
B.Moral
C.Religious
D.All of the above
12. Injuria sine Damnum means
A.Legal injury without damage
B.Damage without legal Injury
C.No injury
D.All of the above
13. Damnum sine Injuria
A.Legal injury without damage
B.Damage without legal Injury
C.No injury
D.All of the above
14. In Torts ________________ is compensable.
A.Injuria sine damnun
B.Damnum sine Injuria
C.Any injury
D.Any damage
15. Ubi Jus Ibi Remedium means
A.Legal injury without damage
B.Damage without legal Injury
C.Where there is a right there is a remedy
D.None of the above
16. Which of the following is not a general defence?
A. Volenti non fit injuria
B. Act of God
C. Scienti non fit Injuria
D. Plaintiff the wrong doer
17. Volenti non fit injuria means
A. Knowledge of injury
B. Voluntarily acceptance of injury
C. Act of God
D. Plaintiff the wrong doer
18. Scienti non fit injuria
A. Knowledge of injury
B. Voluntarily acceptance of injury
C. Act of God
D. Plaintiff the wrong doer
19. Rama calls Suresh home for dinner. She then sues him for trespass will she succeed?
A. Yes
B. No
C. Maybe
D. None of the above
20. A gives B, a doctor her consent for an operation. She sues him later for performing the surgery. Will A succeed in an action against B?
A. Yes
B. No
C. Maybe
D. None of the above
21. Shyam went to watch a cricket match. The ball hit and he was injured. Can the defence of Volenti non fit injuria used?
A. Yes
B. No
C. Maybe
D. None of the above
22. Ram saw that two horses ran away and were causing a lot of traffic inconvenience. He tried to stop the horses but got hurt in the process. Would he be able to claim damages from the owner of the horses?
A. Yes
B. No
C. Maybe
D. None of the above
23. In cases where the plaintiff is the wrongdoer, the defendant has to establish that the loss or harm suffered is due to the ____________ of the plaintiff
A. Illegal act
B. Illegal omission
C. All of the above
D. None of the above
24. In cases where the plaintiff is the wrongdoer can the harm caused be excessive in nature?
A. Yes
B. No
C. All of the above
D. None of the above
25. If Ramu shoots Rani for trespassing onto his land. Can he claim that she was the wrongdoer?
A. Yes
B. No
C. All of the above
D. None of the above
26. If Usha had a notice saying that she has sensor automated water sprinklers in her garden and despite seeing this Harsh enters her garden. Can Usha claim the defence of plaintiff the wrongdoer?
A. Yes
B. No
C. All of the above
D. None of the above
27. In cases of inevitable accident the defendant has to prove that
A. No intention to injure the plaintiff
B. Could avoid the injury by taking reasonable care
C. All of the above
D. None of the above
28. P and Q were out hunting. P shot Q mistaking his movement for an animal. Will P be held liable?
A. Yes
B. No
C. All of the above
D. None of the above
29. When two dogs were fighting one of their owners in a struggle to stop the dogs throws a stick at them which hits the other owner. Will he be held liable?
A. Yes
B. No
C. All of the above
D. None of the above
30. Vis Major means
A. Major vices
B. Major injury
C. Act of God
D. None of the above
31. Which of the following principles should be fulfilled in order to plead the defence of Act of God?
A. There must be working of natural forces
B. The occurrence must be extraordinary and not the one which could have been anticipated
C. It must be beyond the control of human kind
D. All of the above
32. If the owner of an estate is sued as the flooding of a natural stream passing through his estate damages four bridges. The flooding was due to rainfall. Will the owner be liable?
A. Yes
B. No
C. Maybe
D. None of the above
33. One can protect one’s person or property by using reasonable force. This is
A. Murder
B. Private Defence
C. Act of God
D. None of the above
34. Right to private defence can be exercised when there is
A. Imminent threat to personal safety
B. Imminent threat to property
C. Both A & B
D. None of the above
35. Can Right to private defence be excessive?
A. Yes
B. No
C. Maybe
D. None of the above
36. The law of nervous shock has developed in a slow phase as before the case of Duliue Vs. White it was not recognized as civil wrong and no compensation was granted prior to Duliue Vs. White
A. True
B. False
37. The defendant’s taxi (cab) driver was negligently backed into a small boy (on a tricycle) and slightly damaged the tricycle. Mother heard screaming of child and looked out of window saw the tricycle under the cab but could not see her child. She had a nervous shock. Will the driver be liable?
A. Yes
B. No
38. The defendant’s servant negligently left a motor lorry unattended with engine running at the top of a narrow street which contained a steep ending. It (Lorry) went down the street and injured the plaintiff’s daughter. The lady did not witness the accident but saw lorry coming down without the driver by the street the lady told that this monstrous lorry had hit the girl child. She being the mother of girl had a nervous shock and died as a consequence. Will the driver be liable?
A. Yes
B. No
39. The plaintiff a fisher-woman was unloading baskets of fishes from the cart. She saw a motorcyclist go past her, in top speed. A short while, she heard a collision. She went to the accident spot and saw blood spluttered all over. She suffered nervous shock and as she was carrying a child, she delivered a stillborn child. Will the defendant be liable?
A. Yes
B. No
40. Applicant servant negligently allowed the plaintiff to drive over a railway level crossing. The cart was saved because of diligence of cart driver but the lady sitting inside who was pregnant lost her children as the escape was so near and the damage was so alarming, she also sustained nervous shock and could not sleep throughout nor remaining life without medicine. Will the defendant be held liable?
A. Yes
B. No
41. This principle/rule of making other’s liable for the wrongful conduct of the other is called
A. Volenti non fit injuria
B. Joint liability
C. Vicarious liability
D. Plaintiff the wrong doer
42. Qui facit per alium facit per se means
A. Knowledge of injury
B. Who does an act through another is deemed in law to do it himself
C. Who does an act through another is not deemed in law to do it himself
D. Plaintiff the wrong doer
43. The essential elements for vicarious liability
A. The wrong should be committed by a person working in the capacity of servant
B. The tort should have been committed during the course of his employment
C. All of the above
D. None of the above
44. The vicarious liability may arise in following relationship.
A. Master and servant.
B. Owner and independent contractor.
C. Guardian and ward
D. All of the above
45. If the employee of the bank takes a cheque from a neighbour who is a customer of the bank and misappropriates it. Will the bank be held liable?
A. Yes
B. No
C. Maybe
D. None of the above
46. A Person who acts and do work under the control & super vision of some other person. He is
A. Servant
B. Master
C. Contractor
D. None of the above
47. Respondent Superior means
A. Let the principal be liable
B. The servant is the wrongdoer
C. Master is superior
D. None of the above
48. The liability of a master is not limited only to the acts, which he expressly authorizes to be done but he is also liable for torts committed by his servant on his own accord ______________________
A. At any given point of time
B. During the course of employment
C. All of the above
D. None of the above
49. If a servant steals goods entrusted to his master, will the master is liable to the plaintiff
A. Yes
B. No
C. All of the above
D. None of the above
50. A servant, acting on behalf of his master, makes a mistake, causing loss to the plaintiff, will the master will be liable for the same?
A. Yes
B. No
C. All of the above
D. None of the above
51. If a servant negligently delegates his authority and allows it to be performed by another person, will the master be liable for such negligence of the servant?
A. Yes
B. No
C. All of the above
D. None of the above
52. If the driver gives lift to a third party by taking a new course of journey, not authorized by the master, the master will be
A. Vicariously liable
B. Not liable
C. Jointly liable
D. None of the above
53. If the servant does the act in defiance of the prohibition, will the master be liable?
A. Yes
B. No
C. All of the above
D. None of the above
54. The owner of a bus had given express instructions not to overtake or race with other vehicles. The bus driver defying the instructions, overtook another bus, and in the process caused an accident. Will the owner be held liable?
A. Yes
B. No
C. All of the above
D. None of the above
55. Generally, will the employer be liable for the torts committed by an independent contractor employed by him?
A. Yes
B. No
C. All of the above
D. None of the above
56. What are the exceptions where an employer can be made liable for the wrongs of the independent contractor?
A. If an employer authorizes the doing of an illegal act
B. The employer’s liability arises for the dangers caused on or near the highway
C. All of the above
D. None of the above
57. The defendant was running a dry cleaning services. A fur coat entrusted to him for dry cleaning was stolen by one of the servants of the company. Will the defendant be liable?
A. Yes
B. No
C. Maybe
D. None of the above
58. Will an employer be liable for the act of an independent contractor in cases of strict liability?
A. Yes
B. No
C. Maybe
D. None of the above
59. The owner of a mill employed a contractor to construct a reservoir on his land to provide water to his mill. While digging, the contractor failed to notice some disused shafts beneath the ground and as such, did not block them up. That night, the water broke through some of the shafts and flooded the neighbour, Y’s mine. Will the owner be held liable?
A. Yes
B. No
C. Maybe
D. None of the above
60. In India does giving lift to an unauthorized person by the driver makes the master vicariously liable.
A. Yes
B. No
C. Maybe
D. None of the above
61. This principle/rule of making other’s liable for the wrongful conduct of the other is called
A. Volenti non fit injuria
B. Joint liability
C. Vicarious liability
D. Plaintiff the wrong doer
62. Vicarious liability of the State means
A. Indirect liability of the state government for the wrongful acts committed by the state government employees
B. Who does an act through another is deemed in law to do it himself
C. Who does an act through another is not deemed in law to do it himself
D. Plaintiff the wrong doer
63. Vicarious liability of state for the Tort committed by its employees is based on its two types of powers-
A. Sovereign powers
B. Non-Sovereign powers
C. All of the above
D. None of the above
64. According to which Art. of the Constitution of India the Union of India and the state can use and be used
A. 221
B. 12
C. 304
D. 300
65. Can the Secretary of State for India be held liable for the damages caused by the negligence of the servants in the service of the Government?
A. Yes
B. No
C. Maybe
D. None of the above
66. The driver of a jeep, owned and maintained by the State of Rajasthan for the official use of the Collector of the district, drove it rashly and negligently while taking it back from the workshop to the residence of the Collector after repairs, and knocked down a pedestrian and fatally injured him. Will the State be liable?
A. Yes
B. No
C. Maybe
D. None of the above
67. The death of nine years old boy took place on account of unwarranted atrocious beating and assault by a Police officer in New Delhi. Will the State be made liable?
A. Yes
B. No
C. Maybe
D. None of the above
68. A man was electrocuted because of negligence of employee of electricity department. Will the State be liable?
A. Yes
B. No
69. A man was kept in prison even after his release. Will the State be liable?
A. Yes
B. No
70. Acts such as judicial or quasi-judicial decisions done in good faith would not invite any liability.
A. True
B. False
71. The gas that leaked in the famous case of M.C Mehta v. Union of India is?
A. Methyl Isocyanate
B. Nitrogen
C. Oleum
D. Hydrogen
72. The case in India that laid down the rule of absolute liability was?
A. M. C. Mehta v. Union of India
B. Rylands v. Fletcher
C. N. Natayanan Bhattathiripad V. Travancore Gov.
D. Ponting V. Noakes
73. The rule of strict liability was laid down in
A. M. C. Mehta v. Union of India
B. Rylands v. Fletcher
C. N. Natayanan Bhattathiripad V. Travancore Gov.
D. Ponting V. Noakes
74. Where a person for his own benefit, brings on his land and collects and keep there, anything likely to do mischief if it escapes, must keep it at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. This is the rule of
A. Vicarious liability
B. Strict Liability
C. Absolute Liability
D. None of the above
75. The exceptions to the rule of strict liability are?
A. Act of God
B. Default of the plaintiff
C. Common benefit
D. All of the above
76. The plaintiff horse reached over the defendant’s boundary and nipped some poisonous trees and died. Will the defendant be liable?
A. Yes
B. No
C. Maybe
D. None of the above
77. The plaintiff had agreed to the construction of the dam, can he later on turn around and complain that the presence of the dam has a source of injury to his property?
A. Yes
B. No
C. Maybe
D. None of the above
78. The defendant, who was the landlord of the plaintiff and lived in the upper storey, maintained a water box for the benefit of both. One day it leaked without the negligence of the defendant and damaged the plaintiff’s goods. Will the defendant be liable?
A. Yes
B. No
79. A stranger deliberately blocked up to waste pipe of a lavatory in the defendants premises, thereby flooding the plaintiff premises. Will the defendant be liable?
A. Yes
B. No
80. The rule of strict liability does not apply where the deferent is empowered or authorized or required under the law to accumulate, keep or collect the dangerous things which escape or cause mischief and injury to the plaintiff.
A. True
B. False
81. The occupier does not owe a common duty towards all his visitors to take such care as in all circumstances the visitor will be reasonably safe.
A. True
B. False
C. May be
D. None of the above
82. What is the nature of obligation of an occupier of land?
A. Obligation towards lawful visitor
B. Obligation towards trespassers
C. Obligation towards children.
D. All of the above
83. Where a person enters the land of another in pursuance of a contract or is an invitee, the latter must take reasonable care to prevent injury to the invitee from danger of which he knew or ought to have known.
A. True
B. False
C. May be
D. None of the above
84. The plaintiff, who was a gas fitter, entered the defendant’s premises for testing certain gas fittings there. While doing so, he fell from an unfenced opening on the upper floor and was injured. Will the defendant be liable?
A. True
B. False
C. May be
D. None of the above
85. The plaintiff, a German took a dive in a swimming pool in a five star hotel at New Delhi, there was insufficient water in the swimming pool and the head of the boy was hit against the bottom. Will the hotel be held liable?
A. True
B. False
C. May be
D. None of the above
86. Would the hotel be liable if there were warning signs place and it was clearly mentioned that diving is prohibited?
A. True
B. False
C. May be
D. None of the above
87. The general rule is that an occupier is not liable in tort to a trespasser. What are the exceptions to this rule?
A. The occupier must not deliberately cause harm to the trespasser.
B. He must not act with reckless disregard to trespasser’s safety if he has knowledge of
his presence in his premises or land
C. All of the above
D. None of the above
88. Occupier must take reasonable care to ensure the safety of its visitors and if the occupier knows that, the visitors are children he needs to be more careful as children are generally less careful than the adults are.
A. True
B. False
C. May be
D. None of the above
89. A corporation maintained a public park. A child, who had come to the park, plucked a fruit looking like a berry, from the shrubs. Will the Corporation be liable?
A. True
B. False
C. May be
D. None of the above
90. The structures adjoining the highway must be maintained in such a way as not to be dangerous to the users of highway.
A. True
B. False
C. May be
D. None of the above
91. A person who keeps an animal of dangerous species or non dangerous species who is vicious in nature is solely and strictly liable for any damage caused due to his negligence
A. True
B. False
C. May be
D. None of the above
92. A owns few sheep and took them for grazing in an open area, on his way there was a beautiful lawn maintained by B, A was busy in talking and the sheep entered into the B’s lawn and destroyed the plants. Will A be held liable?
A. Yes
B. No
93. The word ‘nuisance” has been derived from the French word
A. Nuire
B. Nuise
C. Noisee
D. None of the above
94.________________ is an activity of an individual which is of continuous or recurrent nature and unduly interferes with the use or enjoyment of land of his neighbour
A. Assault
B. Nuisance
C. Mayhem
D. Negligence
95. What are the kinds of nuisances?
A.Pubic nuisance
B.Private nuisance
C.All of the above
D.None of the above
96. Essentials of private nuisance are:
A.There must be interference with the use or enjoyment of land or some right over it.
B.The plaintiff must show title to the thing to which the nuisance is alleged to be caused.
C.The act complained of must result in damage to the plaintiff.
D.All of the above
97. The plaintiff filed a suit for permanent injunction to restrain the defendant from installing and running a flour mill in his premises. Will the setting up of a flour mill amount to nuisance?
A.Yes
B.No
98. If an ordinary person is not disturbed, then plaintiff cannot get the relief under nuisance.
A.True
B. False
99. Public nuisance is a
A.Civil wrong
B.Criminal wrong
100. A doctor passed information to Ms. Akili about the health of her fiancé who was HIV+. Ms. Akili broke her engagement with her fiance. Later on he brought an action against the doctor for breach of duty to maintain privacy. Does this amount to negligence by the doctor?
A. Yes
B. No
101. According to objective theory negligence is a type of
A. Conduct
B. State of mind
C. Damages
D. None of the above
102. ________________ failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation
A. Assault
B. Nuisance
C. Mayhem
D. Negligence
103. A person is neither expected to act like a super human nor like an insane or unreasonable and imprudent person.
A. True
B. False
104. What are the specific defences one can claim against negligence?
A. Contributory negligence
B. Remoteness of damage
C. All of the above
105. Intentional application of force against another without lawful justification is
A. Assault
B. Battery
C. Mayhem
D. False imprisonment
106. Res ipsa Loquitor means?
A. Plaintiff the wrongdoer
B. Thing speaks for itself
C. Voluntary acceptance of injury
D. Knowledge of injury
107. A man bought a bottle of a ginger beer for his girlfriend manufactured by the defendant. The lady drank the contents of the bottle directly. Later, she poured the remaining contents into a glass. To her utter shock, she noticed that a dead snail popping out of the bottle. She fainted and fell ill, as she had already consumed a portion of the drink. Will the manufacturer be liable for negligence?
A. Yes
B. No
108. The gate of railway crossing is open when a train is passing. Does this amount to negligence?
A. Yes
B. No
109. A counsel by his act of commission causes any loss to the client the counsel will be liable.
A. True
B. False
110. Military, naval and state communication is not privileged
A. True
B. False
111. If a person injures the reputation of another person he commits a civil wrong known as
A. Defamation
B. Assault
C. Nuisance
D. None of the above
112. In criminal law only _________ has been recognized as an offence
A. Libel
B. Slander
C. Mayhem
D. None of the above
113. Essentials of defamation are:
A. The statement must be defamatory.
B. The statement must refer to the plaintiff.
C. The statement must be published.A. Pubic nuisance
D. All of the above
114. If any statement on the face of it seems to be innocent but its secondary meaning or a disclosure of some truth it seems to be defamatory it is
A. Statement
B. Slander
C. An innuendo
D. All of the above
115. A news article was plublished in Dainik Navjyoti that Manjulata had run away with a boy named Kamlesh after she went out of her house on the pretext of attending night classes. The news item was untrue and was published negligently. Does this amount to defamation?
A. Yes
B. No
116. In the eyes of law, husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is not publication.
A. True
B. False
117. Defences to defamation are:
A. Truth
B. Fair comment
C. Privileged information
D. All of the above
118. A speech made during parliamentary proceedings or in state legislature and publication of the same, has the constitutional protection as the constitution grouts privilege to any such speech.
A. True
B. False
119. Action for defamation lies against any person involved in judicial proceedings.
A. True
B. False
120. Conversion can take place in which of the following ways?
A. Conversion by wrongful delivery of goods
B. Conversion by wrongful disposition of goods
C. Conversion by wrongful destruction.
D. All of the above
121. Direct and wrongful interference with the plaintiff’s possession of goods is known as
A. Defamation
B. Trespass to person
C. Trespass to goods
D. None of the above
122. On death of the plaintiff his sister in law removed certain jewellery form the room where his dead body was laying and kept it in another room under a reason but mistaken belief that it is necessary for it safety of jewellery. The jewellery was stolen. Will she be liable?
A. Yes
B. No
C. May be
D. None of the above
123. Trespass to goods can be justified if it is done in defence of property or person, or in the exercise of a legal sight or under legal process
A. Yes
B. No
C. May be
D. None of the above
124. A’s dog attacks B’s sheep and in order to save his sheep if B causes any harm to A’s dog will it be justified?
A. Yes
B. No
C. May be
D. None of the above
125. Remedies that a person has against trespass of goods is
A. Dentinue
B. Damages
C. All of the above
D. None of the above
126. A person, who treats goods as if they were his, when they are not, is liable for
A. Extortion
B. Theft
C. Conversion
D. None of the above
127. A wrong that affects the personal safety and freedom is often termed as
A. Trespass to property
B. Breach of contract
C. Trespass to person
D. None of the above
128. Which of the following is a form of trespass to person?
A. Assault
B. Battery
C. Mayhem
D. All of the above
129. An act by the defendant that causes the claimant reasonable apprehension of the infliction of intentional and direct application of force on him is
A. Assault
B. Battery
C. Mayhem
D. False imprisonment
130. A points an unloaded pistol towards “B”. Will A be liable for assault?
A. Yes
B. No
131. Intentional application of force against another without lawful justification is
A. Assault
B. Battery
C. Mayhem
D. False imprisonment
132. The Plaintiff forgot to purchase the ticket and was forced to get down from the train. Is this battery?
A. Yes
B. No
133. Does putting handcuffs to an under trail prisoner and chaining him like a dangerous animal with a neighbouring window in a hospital amount to battery?
A. Yes
B. No
134. Wrongful restraint of a man’s liberty without lawful justification is known as
A. Assault
B. Battery
C. Mayhem
D. False imprisonment
135. Does partial restraint amount to false imprisonment?
A. Yes
B. No
136. The remedies against false imprisonment are
A Self – help
B. Habeas corpus
C. Action for damages
D. All of the above
137. The word ‘Tort’ has been derived and has its origin in
A. Freanc Language
B. Latin Language
C. Romon Language
D. None of the above
138. The word ‘Tort’ has been derived from the Latin word
A. Tortus
B. Tortum
C. Torrent
D. Torture
139. The law of torts is based on
A. Indian penal code
B. separate statute
C. Judicial decision
D. civil procedure code
140. The propounder of Pigeon-hole theory is –
A. Salmond
B. Winfield
C. Klerk and Lindsell
D. Austin
141. “Who is the propounder of Pigeon Hole Theory” ?
A. Blackstone
B. Winfield
C. Salmond
D. Roscoe Pound
142. The element of malice :
A. is essential in all torts
B. is not essential is any tort
C. is essential in the torts of defamation and malicious prosecution
D. None of the above
143. Who observed that the penal law of primitive communities was not the law of crime but the law of wrongs or torts ?
A. Ausstin
B. Black Stone
C. Henery Maine
D. Roscoe Pound
144. Res ipsa loquitur is :
A. Weapon of defence
B. Weapon of offence
C. a defence of some factor which was beyond the control of the person who caused injury
D. a dangerous weapon
145. In res Ipsa Loquitor –
1. Presumption of negligence is there
2. Plaintiff has to bring direct evidence
3. Plaintiff is discharged from the duty of proving negligence on the part of the defendant
4. Court does not give chance to defendant to avoid his liability
Code :
A. 1 and 2 are correct
B. 1, 2 and 4 are correct
C. 1, 2 and 3 are correct
D. 1 and 3 are correct
146. The principle ‘fasts speak for themselves’ is expressed by the maxim –
A. Ubi jus ibi remedium
B. Res Ipsa Loquitur
C. Novus Actus Interveniens
D. Cause Causans
147. ‘Res ipsa loquitur’ is related to –
A. rule of evidence
B. weapon of offence
C. defence of some factor which was beyond control of the person who caused injury
D. a dangerous weapon
148. The Rule of ‘res ipsa loquitor’ is related to the tort of :
A. negligence
B. false imprisonment
C. defamation
D. malicious prosecution
149. Tort is a violation of :
A. Right in personam
B. Right in rem
C. Both (A) and (B)
D. None of the above
150. The duty under the law of tort is towards
A. a specific individual
B. a group of indivuduals
C. the world at large
D. Both (A) and (B)
151. Limitations of the scope of the doctrine volenti non-fit injuria are :
A. Resue cases
B. Statutory authority
C. Both (A) and (B)
D. None of the above
152. In cases of volenti non fit injuria, a person who has consents to bear the risk of an act, cannot complain for the injury so sustained. The standard of consent speculated by tort law for application of this maxim is that the consent shall be :
(i) Real and valid
(ii) Must be given by the person having capacity and competency
(iii) Voluntary and based upon adequate information
(iv) Limited to the act and its immediate consequences
A. only (i) is correct
B. only (i), (ii) and (iv) is correct
C. only (i), (ii) and (iv) is correct
D. All are correct
153. Which of the following is not correctly matched ?
A. Ubi jus ibi remedium
B. Res ipsa loquitur
C. Damnum sine injuria
D. Injuria sine damnum
154. The maxim injuria sine damnum means
A. Damage or loss without infringement of legal right
B. Infirngement of private legal right without damage or loss
C. Where there is a right there is a remedy
D. None of these
155. Which one of the following is an ‘actionable’ wrong ?
A. Injuria sine damnum
B. Damnum sine injuria
C. Both of the above
D. None of the above
156. The exercise of ordinary rights for a lawful purpose and in a lawful manner is no wrong even if it causes damage. This is known as :
A. Volenti non fit injurla
B. Injuria sine dammum
C. Damnum sine injuria
D. None of the above
157. Which of the following cases is not related to the “Tort of Negligence’ ?
A. Donoghue V/s Stevenson
B. Mnicipal Corporation of Delhi V/s Subhagvanti
C. Ramesh Kumar Nayak V/s Union of India
D. Gloucester Grammar School Case
158. The Maxim ‘Damnum Sine injuria’ means :
A. Infringement of Legal right with damage or loss
B. Damage or loss without infringement of legal right
C. Where there is a right there is a remedy
D. Infringement of an absolute right without damage or loss
159. General mens rea is an essential element in a criminal offence. Mens rea in tort –
A. is relevant and crucial
B. has no relevance whatsoever
C. is generally not important
D. is relevant in certain tortous actions
160. Which of the following is the gist of tortous liability ?
A. Legal damages
B. Violation of legal rights
C. Availability of legal duty
D. None of the above
161. In order to bring an action for tort, the plaintiff has to prove that :
A. There has been a legal damage caused to him
B. Violation of a legal right not vested in him
C. There has been no legal damage caused to him
D. Violation of no legal right and has not resulted in harm to him
162. Liability in torts depends on
A. quantum of damages suffered
B. involvement of intention
C. infringement of legal right
D. effect of public interest
163. Mental condition of the wrong doer at the time of wrong doing is :
A. relevant in all torts
B. relevant to torts based on fault
C. relevant in torts based on strict liability
D. not relevant in tortous liability
164. Consider the following set of legal propositions ?
1. A person can claim damages for all wrongs he has suffered
2. A person can claim damages for wrongs only if they are caused intentinally
3. A person can claim damages for a wrong if it is cused by infringement of the legal right
4. A person can claim damages even if he has suffered no loss
Code :
A. 1 and 2
B. 3 and 4
C. 1 and 3
D. 2 and 4
165. Consider the following elements –
1. Infringement of a legal right
2. Legal damages
3. Any damage
4. Existence of legal right
Right to claim damages in Tort would arise only if :
A. 1 and 2 are present
B. 1, 2and 4 are present
C. 1, 3and 4 are present
D. 3 and 4 are present
166. Sometimes it happens that the legal right of a person is violated but he does not suffer any harm. From which one of the following maxim we can attribute it ?
A. Damnum sine injuria
B. Injuria sine damnum
C. Volenti non-fit injuria
D. Res ipsa laquitur
167. The “tort of Intimidation” was propounded in
A. Winterbottom v. Wright
B. Pasley v. Freeman
C. Winsmore v. Greenbank
D. Rookes v. Barnard
168. The maxim ‘scienti non fit injuria’ means
A. Where there is no fault, there is no remedy
B. Mere knowledge does not imply consent to take risk
C. Mere giving consent does not imply to take risk
D. Scientific knowledge is not enough to cause injury
169. In which one of the following cases did the Court of Exchequer explain the principle of res ipsa loquitur?
A. Scott v. London & St. Katharine Docks Co.
B. Hedley Byrne Co. Ltd. v. Heller & Partners
C. Derry v. Peek
D. Cann v. Willson
170. Communications addressed by a husband to his wife are not, except with his consent, admissible in evidence by virtue of
A. Section 82 of the Evidence Act
B. Section 102 of the Evidence Act
C. Section 122 of the Evidence Act
D. Section 124 of the Evidence Act
171. Damages were awarded by the Supreme Court for breach of statutory duty in
A. Manju Bhatia v. NDMC
B. Radhakrishna Agarwal v. State of Bihar
C. State of Madhya Pradesh v. Shyam Sunder Trivedi
D. None of the above
172. The terms Culpalata and Culpalevis mean:
A. Gross negligence and slight negligence
B. Culpable and non culpable
C. Cognizable and non cognizable
D. Civil liability and criminal liability
173. Which of the following is an essential ingredient to establish strict liability of the defendant?
A. Non natural use of land
B. Escape of dangerous thing
C. Negligence of the defendant
D. Only (A) and (B)
174. What is the meaning of ‘injuria sine damno’?
A. A loss is suffered but there no violation of a legal right
B. Neither loss is suffered nor violation of a legal right
C. Where the person who suffered the loss does not want to bring an action
D. If a person’s legal right is violated he can bring an action even though he has not suffered a loss
175. The Latin word ‘Injuria Sine Damnum’ literally means:
A. Infringement of legal right without damages
B. Damages without infringement of legal right
C. Both (A) and (B)
D. All of the above
176. The distinction between sovereign and non-sovereign functions of the State was laid down in:-
A. Rylands v. Fletcher
B. Donoghue v. Stevenson
C. M. C. Mehta v. Union of India
D. Peninsular and Oriental Steam Navigation v. Secretary of State, India
177. Which element is not required in the tort of defamation?
A. Wrongful intention
B. Defamatory statement
C. Publication
D. Referring to the Plaintiff
178. Match List-I and List-II and select the correct answer by using the below the Lists:
| List I | List II |
| a. Consent | 1. Nichols v. Marsland |
| b. Inevitable Accident | 2. Vaughan v. Taff Valde Rail Co. |
| c. Act of God | 3. Holmes v. Mather |
| d. Statutory Authority | 4. Hall v. Brookland Auto Racing Club |
A. a-4, b-1, c-2, d-3
B. a-4, b-3, c-1, d-2
C. a-3, b-2, c-1, d-4
D. a-2, b-3, c-4, d-1
179. Which one of the following sets correctly identifies the specific defences available in action for defamation?
A. Privilege, truth, fair comment
B. Fair comment, mistake, privilege
C. Fair comment, mistake, truth
D. Mistake, privilege, truth
180. “If the plaintiff has a right, he must of necessity have a means to vidicate and maintain it, and a remedy if he is injured in the exercise of enjoyment of it, and indeed it is a vain thing to imagine a right without a remedy : for want of right and want of remedy are reciprocal”.
The above-mentioned rule was laid down by Chief Justice Holt, in 1703 in
A. Gloucester v. Grammer School case
B. Ashby v. White case
C. Chapinan v. Pickers, Gill case
D. Mayer of Bradford v. Pickles case
181. Even if the harm to the plaintiff has been caused maliciously no action can lie for the same unless the plaintiff can prove that he has suffered legal injuries. In which one of the following cases was this principle enunciated?
A. Bradford Corporation v. Pickles
B. Christie v. Davey
C. Re Polemis case
D. Holderness v. Goslin
182. Which one of the following did not emerge from the case of Donoghue v. Stevenson?
A. A manufacturer of products will be liable if he fails to take reasonable care to ensure that his products are reasonably safe
B. In order to successfully claim for negligence, the plaintiff does not need to have a contract with the defendant
C. Manufacturers have to pay damages to consumers whenever damage is caused by the products
D. The neighbour principal can be used to establish the existence of a duty of care in negligence
183. X’ and ‘Y’ agree to commit theft in ‘Z’s house but no theft is actually committed. They are guilty of-
A. No offence
B. Criminal conspiracy
C. Abetment by conspiracy
D. Abetment by instigation
184. Which one of the following statements is correct?
Truth is a defence in defamation, if the statement is true in
A. Substance only
B. Contents only
C. Contents as well as substance
D. Its natural meaning
185. Law of Torts have developed mainly through
A. Customs and precedents
B. Judicial decisions
C. Enactments
D. All the above
186. The liability of joint tort feasors is
A. Only joint
B. Only several
C. Joint & several
D. Neither joint nor several
187. A, though involved in a motor accident, remained physically unhurt but suffered Myalgic Encephalomyelitis, a psychiatric illness with which he had earlier suffered but which was then in remission. He claimed damages from the driver of the motor car. Will he succeed?
A. No, this illness was not foreseeable in a person of normal health
B. No, he has not suffered any physical injury
C. Yes, he has suffered injuries by shock
D. Yes, though this illness was not foreseeable but some physical harm was foreseeable
188. Libel is addressed to the eye; slander to the ear.
State which of the following statements are slander
A. Slanderous words are uttered by the characters on the dramatic stage
B. Slanderous words are uttered by the characters on the cinema screen
C. Abuses recorded in the gramaphone disc
D. Both (B) and (C)
189. Which of the following statements is false in connection with the legal principle “volunti non fit injuria”?
A. Knowledge regarding the danger is consent
B. Consent must be free
C. Rescue cases form an exception to the application of the maxim volunti non fit injuria
D. None of these
190. Which among the following cases is related to the rule that causing death of a person is not a tort?
A. Jackson v. Watson
B. Rookes v. Barnard
C. Baker v. Bolton
D. Tillet v. Ward
191. The liability of the owner of the cattle for cattle tress pass
A. Is strict
B. Depends upon scienter
C. Depends upon negligence
D. All of the above
192. Trespass to goods is
A. Actionable per se
B. Actionable only when damage is caused
C. Not actionable at all
D. All the above
193. An inevitable accident means
A. An act of God
B. An unexpected injury which could not have been foreseen and avoided
C. An unexpected injury which could have been foreseen and avoided
D. Both (A) and (B)
194. In which one of the following situations ‘A’ will be liable for defamation?
‘A’ writes a letter containing a defamatory matter about ‘B’ and:
A. Keeps it in a sealed envelope With himself
B. Sends it in a sealed envelope to ‘B’ but it is opened by his (A’s) butler
C. Sends it in a sealed envelope to ‘B’ but it is opened by B’s father
D. Sends it in sealed envelope to B’s wife
195. Conspiracy is
A. A crime
B. A tort
C. A crime & a tort both
D. Either (A) or (B)
196. A patient is brought to a hospital maintained by B. The patient is to be operated upon. If as a result of faulty oxygen supply machine, the patient dies on the operation table, then:
A. B would not be liable because the surgeon was negligent
B. B would not be liable because there is no master and servant relationship between B and the surgeon
C. B would be liable because hospital staff were negligent in keeping the hospital equipment in proper order
D. B would not be vicariously liable because surgery is a highly skilled work on which B would have no control
197. Which of the following is not defamation?
A. Libel
B. Slander
C. An Imputation which indirectly affects a person’s reputation
D. Battery
198. Frazer has defined tort as
A. A civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of trust or other merely equitable obligation
B. Tortious liability arises from the breach of a duty primarily fixed by the law towards the persons generally and its breach is redressible by an action for unliquidated damages
C. An infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party
D. None of the above
199. Who said that liability in law of tort arises only when the wrong is covered by anyone or the other nominated tort?
A. Fraser
B. Winfield
C. Blackstone
D. Salmond
200. Match the items of List I (name of case) with the items of List II (related topic) and choose the correct answer from the given below.
| List I (Name of case) | List II (Related topic) |
| a. Jone v. Boyce | 1. Remoteness of damages |
| b. Scott v. Shepherd | 2. Medical negligence |
| c. A. H. Khodwa v. State of Maharashtra | 3. Nervous shock |
| d. Victorian Railway Commissioner v. Coultas | 4. Doctrine of alternative danger |
A. a-3, b-4, c-2, d-1
B. a-2, b-1, c-3, d-4
C. a-4, b-1, c-2, d-3
D. a-4, b-2, c-1, d-3
201. Which of the following are essential elements of the defence of fair comment in the tort of defamation?
The matter commented on must be
1. Of public interest
2. An assertion of fact
3. An expression of opinion
4. Fair
Select the correct answer using the given below:
A. 1, 2 and 4
B. 1, 3 and 4
C. 3 and 4
D. 1 and 3
202. Which of the following cases under the law of torts is related with the principle of injuria sine damnum?
A. Glucoster Grammar School case
B. Merryweather v. Nixon case
C. Ashby v. White case
D. Ryland v. Fletcher case
203. In case of joint tort feasors
A. Release of one of them releases all the others, as cause of action being one & indivisible
B. Release of one of them does not release all the others as cause of action though one but divisible
C. Release of one of them does not release all of them despite the cause of action being one & indivisible
D. None of the above
204. Unliquidated damages is not the only remedy for a tort and that for some torts, it is not even the primary remedy. They are other remedies also. They are
A. Self-help
B. Injunction
C. Action for specific restitution of property
D. Both (B) and (C)
205. Which one of the following famous cases is related to an exception to the application of the doctrine of volenti non fit injuria based on ‘rescue’ cases?
A. Haynes v. Harwood
B. Padmavati v. Dugganaika
C. Ashby v. White
D. Wooldridge v. Sumner
206. In a suit for malicious prosecution which one of the following is not an essential element?
A. The plaintiff was prosecuted by the defendant
B. The prosecution ended in favour of the plaintiff after exhausting all the steps of judicial process
C. The prosecution was malicious
D. The prosecution resulted in damage to the plaintiff
207. During the scarcity of potatoes, long queues were made outside the defendant’s shop who having a licence to sell fruits and vegetables used to sell only 1 kg of potatoes per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought an action for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?
A. The defendant is liable for nuisance
B. The defendant is not liable for nuisance
C. The plaintiffs suit should be decreed in their favour
D. The defendant is liable to pay damages to the plaintiffs
208. In India, the law of tort is
A. Codified
B. In the process of codification
C. Mainly based on judicial decision
D. Not applied now
209. Gloucester Grammer School case explains
A. Injuria sine damno
B. Damnum sine injuria
C. Respondents superior
D. Remoteness of damages
210. Which of the following is not an element in establishing a case in libel?
A. Publication
B. A defamatory statement
C. A section of the public who know less of the plaintiff
D. Reference to the plaintiff
211. The Rule of ‘res ipsa loquitur’ is related to the tort of:
A. Negligence
B. False Imprisonment
C. Defamation
D. Malicious Prosecution
212. The case of Ratlam Municipality v. Virdhichand is related to
A. Conspiracy
B. Malicious prosecution
C. Tortuous liability of Municipal Corporation
D. None of the above
213. Which of the following is not an exception to the principle of strict liability?
A. Intention of the defendant
B. Act of God
C. Plaintiff’s consent
D. Plaintiff’s fault
214. The meaning of the maxim ‘Ubi jus ibi remedium’ is:-
A. To hurt nobody by word or deed
B. Where there is a right there is a remedy
C. Infringement of a legal right without damage
D. None of the above
215. Which one of the following statements is correct?
When the act of defendant falls in tort and breach of contract, the defendant may be sued
A. Either in tort or breach of contract
B. Both in tort and breach of contract
C. In tort only
D. In breach of contract only
216. Which one of the following statements is correct?
All persons are joint tort-feasors,
A. Who did or join in the commission of a wrongful act
B. Whose acts result in one damage
C. Who committed one and the same act
D. Who encouraged others to commit wrongful act
217. Which one of the following wrongs are covered both under the criminal law and law of torts
A. Murder
B. Defamation
C. Cheating
D. Theft
218. Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the polling booth at about 7:30 am to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find anything against him. By the time Reddy reached the polling booth, the polling time was over and he could not vote for Mr. Naik. When the results were declared, Mr. Naik got a majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.
A. Reddy will succeed as the police could not prove anything against him
B. Reddy will succeed as his right to vote was denied by the police
C. Reddy will not succeed as his candidate won the election and therefore there is no cause of action against the police
D. Reddy will not succeed as the police can arrest a suspected criminal
219. The ‘neighbour’ principle was laid down in the landmark case of
A. Ashby v. White
B. Donoghue v. Stevenson
C. Rylands v. Fletcher
D. None of the above
220. The rule of strict liability is based on the decision in the case of
A. Champman v. Pickersgill
B. Donoghue v. Stevenson
C. Lumley v. Gye
D. Rylands v. Fletcher
221. Which one of the following is a leading case on ‘Injuria Sine Damnum’?
A. Rylands v. Fletcher
B. Ashby v. White
C. Donoghue v. Stevenson
D. All of the above
222. Which of the following is correct
A. The defence of absolute privilege is available even though the statement is false or malicious
B. The qualified privilege as a defence is available if the statement is made without malice
C. The defence of qualified privilege is available if there is an occasion for making the statement
D. All the above
223. Which one of the following constitutes an example of joint tort feasors?
A. Master and Servant
B. Principal and Agent
C. Partners of a firm
D. All of these
224. Which of the following torts is not related to nuisance based on ‘Physical discomfort’ or interference with another’s health and safety?
A. Obstruction of light
B. Injury to property
C. Noise pollution
D. Pollution of water and air
225. The writ of habeas corpus for procuring the release of a person wrongfully detained is issued by
A. The High Court
B. The Supreme Court
C. Both the Supreme Court and the High Court
D. The Sessions Court
226. “A person cannot complain of harm which he has exposed himself, with knowledge and free will” refers to
A. Volenti non fit injuria
B. Act of God
C. Inevitable accident
D. Ex turpi causa non oritur actio
227. In which case the principle ‘ubi jus ibi remedium’ is recognised?
A. Rylands v. Fletcher
B. Ashby v. White
C. Ashdown v. Samuel Williams
D. Pema Chibber v. Union of India
228. Choose the incorrect statement
A. An action for slander cannot be brought jointly against several defendants
B. In libel each person is liable for the entire publication, and therefore all may be properly sued together
C. If several persons are libelled by the publication of a statement, all of them cannot bring joint action against the defendant but must sue him separately
D. An action for slander can be brought jointly against several defendants
229. The remedy in tort law is
A. Unliquidated damages
B. Restoration of original position
C. Liquidated damages
D. Either (A) or (C)
230. In tort, mistake
A. Of law is a defence
B. Of fact is a defence
C. Is no defence
D. Of law & of fact both are defence
231. Principle: If an injury is the result of a reasonably foreseeable cause, the person/authority responsible is liable for damages because he has a duty to take reasonable measures to prevent it.
Facts: Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field, for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrences. District Cricket Association (DCA) claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk.
A. Yes. As 10 balls had escaped the field, the risk was reasonably foreseeable. The District Cricket Association (DCA) is responsible and is liable for damages because it has a duty to take reasonable measures to prevent it
B. No. As only 10 balls had escaped the field in the previous 10 years, it was an unforeseeable risk
C. Yes. A person owning a cricket field is expected to compensate any injury arising out of and in the course of using the cricket field
D. No. Anyone who has chosen to stay near a cricket field is doing so at his own risk and is bound by the rule, volenti non fit injuria
232. The maxim ‘volenti non fit injuria’ applies
A. When one is compelled to do work despite his protest
B. When one adopts a risky method of work under his own free will
C. When one works under constant risk of life but during the accident, he was not warned though he is aware of the risk
D. Both (A) and (C)
233. X, a fisherwoman, alighted from a tramcar. While the conductor was helping her to put the fish basket on her head, a motorcyclist Y passed the tram and immediately afterwards negligently collided with Z’s motor car. Y was killed. X did not see Y or the accident which occurred fifteen yards away because her view was blocked by the tram. She, however, heard the collision and after Y’s body was removed, she approached the spot and saw the blood left on the road. In consequence, she had a nervous shock and gave birth to a still-born child as she was then eight months pregnant. If she sues the representatives of Y for Y’s negligence, then:
A. They would be liable because Y owed a duty to take care towards her
B. They would be liable because Y had a duty to take care though he was not negligent
C. They would not be liable because Y did not owe any duty of care towards her and he was also not negligent to her
D. None of the above would be a valid proposition
234. A public nuisance
A. Cannot become a private nuisance under any circumstances
B. Can become a private nuisance if it causes special or particular damage to a person different from the damage caused to the public as a whole
C. Is a private nuisance in all the circumstances
D. None of the above
235. A employs B, a surgeon, to attend his infant son C. By reason of B’s negligence, C is injured. Which one of the following is correct?
A. A can sue B for tort only
B. Both A and C can sue B for tort only
C. A can sue B for tort or for breach of contract
D. A can sue B neither for tort nor breach of contract
236. Tort is a
A. Civil Wrong
B. Criminal Wrong
C. Civil as well as Criminal Wrong
D. None of the above
237. Action of State vis-a-vis his own subjects has to be justified
A. On positive law of the land
B. On political expediency
C. Both on positive law of the land and political expediency
D. None of the above
238. Which of the following statements is/are correct with regard to ‘absolute liability’ principle laid down in M. C. Mehta v. Union of India
(1) The principle was approved except as to quantum of damages in Charan Lal Sahu v. Union of India
(2) The principle in determining compensation was applied in Union Carbide Corporation v. Union of India
(3) The compensation to be awarded must have some broad correlation not only with magnitude and capacity of the enterprise but also with the harm caused by it was held in Deepak Nitrite v. State of Gujarat
(4) The principle is not followed in India because Parliament could not yet pass Public Liability Insurance Bill, 1991
A. Only (1) is correct
B. (1) and (2) are correct
C. (1), (2) and (3) are correct
D. (1), (2), (3) and (4) are correct
239. The doctrine of common employment at present is applicable
A. In India only
B. In England only
C. In India as well as England
D. Neither in India nor in England
240. Which one of the following limitations to the rule of Volenti non fit injuria is not correct?
A. The consent should be free
B. Consent to illegal act is no consent
C. Mere knowledge of the risk is not assumption to the risk
D. Consent in rescue cases is not consent
241. There was a plea for damages against the Electricity Board when a cyclist was entrapped and electrocuted by a live wire. The Board tried to oppose the plea on ground that the wire was a diverted line laid by a stranger to siphon energy. Will the Court accept the defence of the Board?
A. The defence would be accepted
B. As the responsibility to supply electricity is statutory the primary liability to compensate is that of the Board
C. The liability to compensate is that of the stranger alone
D. No one is liable to compensate as accident is result of act of God
242. In which one of the following cases has the Supreme Court laid down that where the enterprise is engaged in hazardous or inherently dangerous activities and harm results to anyone on account of an accident, the enterprise is strictly liable to compensate all those who are affected by such accident?
A. Union Carbide Corporation v. Union of India
B. M. C. Mehta v. Union of India
C. Charan Lal Sahu v. Union of India
D. Pondyal v. Union of India
243. Consider the following set of legal propositions:
1. A person can claim damages for all wrongs he has suffered.
2. A person can claim damages for wrongs only if they are caused intentionally.
3. A person can claim damages for a wrong if it is caused by infringement of his legal right.
4. A person can claim damage even if he has suffered no loss.
A. 1 and 2 are correct
B. 3 and 4 are correct
C. 1 and 3 are correct
D. 2 and 4 are correct
244. Liability without fault
A. Strict liability
B. Vicarious liability
C. Absolute liability
D. No liability
245. The Scienter rule applies in case of liability for animals that are
A. Ferae naturae
B. Mansuetae naturare
C. Both (A) and (B)
D. Neither (A) nor (B)
246. Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of ‘A’, Dr. ‘B’ left a mop inside the body of ‘A’. ‘A’ suffered acute pain and has to be operated again for the removal of the mop. ‘A’ sues Dr. ‘B’ for damages.
A. ‘A’ will not succeed as he has consented to the surgery
B. Dr. ‘B’ is liable for all the injuries suffered during surgery
C. Dr. ‘B’ is liable as leaving a mop inside the body during surgery raised a presumption of negligence on his part
D. ‘A’ will not succeed as he cannot prove the negligence of Dr. ‘B’ in performing the surgery
247. “A tort is an infringement of a right in rem of private individual, giving a right of compensation of the suit of the injured party.” This is the definition given by
A. Blackstone
B. Fraser
C. Salmond
D. Winfield
248. Match the following:
a. Criminal Trespass – 1. Section 445
b. House Trespass – 2. Section 443
c. Lurking House Trespass – 3. Section 442
d. House-Breaking – 4. Section 441
A. a-4, b-3, c-2, d-1
B. a-1, b-2, c-3, d-4
C. a-2, b-4, c-1, d-3
D. a-3, b-1, c-4, d-2
249. Which one of the following cannot be described as malicious prosecution?
A. Criminal proceeding
B. Money recovery proceeding
C. Bankruptcy proceeding
D. Liquidation proceeding
250. A master is liable for the tort committed by his servant when the servant acts:
A. For the benefit of his master
B. In course of his employment
C. During his duty hours
D. To the detriment of the plaintiff
251. The term novus actus interveniens means
A. Directness of damages
B. Remoteness of damages
C. Direct & remote damages
D. Foreseeable damages
252. ‘Causa Causans’ means
A. The defendant’s act is the real, effective and dominant cause of injury to the plaintiff
B. The defendant’s act antecedent or passive cause of injury to plaintiff
C. Injury to the plaintiff is due to his own wrongful act
D. Injury to the plaintiff is because of act of third party
253. A orally abuses B, it is a case of
A. Libel
B. Slander
C. Both (A) and (B)
D. None of the above
254. In torts
A. A minor is liable in the same manner & to the same extent as an adult
B. A minor is not liable at all as under the law of contract
C. A minor is liable in the same manner & not the same extent as an adult in respect of torts which do not require a special mental element
D. None of the above
255. Violation of right actionable per se means:
A. Not actionable
B. Actionable without proof of any damage
C. Actionable on proof of actual damage
D. Actionable against some person only
256. Independent tort feasors
A. Are two or more persons acting independently concur to produce a single damage
B. Are two or more persons acting independently at the same time produce different damages
C. Are two or more persons acting independently at different times produce different damages
D. Are two or more person acting jointly at the same time produce different damages
257. A tort is a breach of duty, which is
A. Imposed by the parties
B. Imposed by the law
C. Imposed by the penal law
D. Imposed by the society
258. In which of the following cases the ‘Principle of common Employment’ was evolved for the first time?
A. Rylands v. Fletcher
B. Priestley v. Fowled
C. Ashby v. White
D. Wagon v. Mound
259. Z digs the mud road in front of his house. In the evening after it became dark a passerby hits the debris and is injured. The passerby brings a civil suit as well as files a criminal case of public nuisance. He can
A. Not file both the cases. He either can file a criminal case or a civil suit
B. Bring both the actions
C. Not bring a suit for damages
D. Not file a criminal case
260. The manufacturer’s liability principle was laid down in:
A. Donoghue v. Stevenson, (1932)
B. Grant v. Australian Knitting Wool Co., (1936)
C. Dorset Yacht case, (1968) HL
D. In re Polemis case, (1921) AC
261. In nuisance, a defendant is liable to unusually sensitive plaintiff:
A. Only in personal injury cases
B. Only in property injury cases
C. Both for personal injury and property injury cases
D. In none of the above
262. Match the following
a. Negligence – 1. Rylands v. Fletcher
b. Strict Liability – 2. M. C. Mehta v. Union of India
c. Absolute Liability – 3. Glasgow Corporation v. Muir
d. Nervous Shock – 4. Bourhill v. Young
A. a-2, b-1, c-3, d-4
B. a-1, b-3, c-4, d-2
C. a-3, b-1, c-2, d-4
D. a-3, b-2, c-1, d-4
263. The main supporter of the theory, that it is ‘Law of Tort’ and not ‘Law of Torts’ is
A. Flemming
B. Dr. William
C. Salmond
D. Winfield
264. Principle: Even if a person suffers a loss, he will be entitled to receive compensation only if a legal right is violated.
Factual Situation: An English teacher in a famous ‘English School’ after having some rift with the management left the school and started a new ‘Language School’ very close to the English School. Many students of the English School left it and joined the new Language School. As a result, the English School suffered huge financial loss and hence filed a suit for compensation against the new school.
A. The English School management will succeed as there is a substantial loss of their profit which is their legal right
B. The English School management will not succeed as anybody can start a new school which is their legal right
C. The English School will succeed as nobody can start a rival school in the close vicinity of an existing school
D. The English School management will not succeed as there is no violation of any legal right
265. Match the following
a. Winfield – 1. Tort means a civil wrong, which is not exclusively a breach of contract or breach of trust.
b. Fraser – 2. A civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation
c. Salmond – 3. Tortious liability arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages
d. Section 2(m), Limitation Act – 4. An infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party
A. a-4, b-2, c-1, d-3
B. a-2, b-1, c-3, d-4
C. a-1, b-3, c-4, d-2
D. a-3, b-4, c-2, d-1
266. “Res ipsa loquitur” is the maxim used when
A. The circumstantial evidence is sufficient
B. There is no evidence available to prove a fact
C. The things (circumstance) speak for itself
D. The witness is called from (detention)
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