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Law of Torts

Practice Test 2

1 / 100

The maxim volenti nan fit injuria means:-

2 / 100

X informed the police that in the dacoity committed in the House of M, he has a reason to believe that his neighbour Y was involved. Y is consequently arrested by the police. Subsequently he is released. Y files an action for malicious prosecution.

3 / 100

A is playing his music system at a low pitch. His “neighbour” B, who cannot bear the noise of this music because he is suffering from a heart ailment, gets a heart attack as a result. B sues A for nuisance. A is:

4 / 100

X, a driver of a State vehicle, while returning from the workshop after getting the vehicle serviced, drove it negligently and killed Y, who was walking on the road. Y’s widow sued the State Government for damages. What defence, if any, the State Government has:

5 / 100

Compensation can be awarded to a person who suffered personal injuries at the hand of government officers whichamounted to tortious act.’ This was held in

6 / 100

The doctrine ‘res-ipsa loquitur’ was applied by the Supreme Court in

7 / 100

Ryland v. Fletcher, 1868 LR is a case which is related with the torts of

8 / 100

The enactment changing the law on sovereign immunity in England is-

9 / 100

In which case, fundamental test for determining duty to take care was laid down?

10 / 100

The rule of Absolute Liability was first laid down by

11 / 100

The general remedy in law of tort is-

12 / 100

One out of the following is not a defence in a case of negligence

13 / 100

Malicious prosecution consists in-

14 / 100

X along with other passengers hired a bus owned by Y and driven by his driver Z. In the midway, the bus was punctured. So, Y transferred X and other passengers to another bus owned by L, and driven by his servant R. The Second bus met with an accident, in a which X died and some other passengers were injured. W, X’s widow, sued for her husband’s death.
In this case which one of the following is correct?

15 / 100

The doctrine ‘res-ipsa loquitur’ is a

16 / 100

The defendant company has given instructions to the driver of its vehicle not to allow any unauthorised person to board the vehicle. A similar information was pasted on the vehicle itself stating that no unauthorised person was permitted to travel in the vehicle. The driver allowed an unauthorised passenger to board and drove negligently causing an accident in which the unauthorised passenger was killed. The company is:

17 / 100

P telephones a gas company to checkup some leakage in his gas pipeline. The gas company sends two of its employees, A and B for the purpose. B lights a match stick to detect the leakage, but it causes an explosion resulting in considerable damage to the house. P sues A and B. A pleads that he is not guilty as he did not light the match stick. Which of the following is correct?

18 / 100

Consider the following statements:
Tort of conspiracy requires:
1. An agreement between two or more persons.
2. Doing of an illegal act or legal act with illegal means.
3. Consequential damage to other party.
4. An act must be actually done by all the conspirators.
Which of the statements given above is/are correct?

19 / 100

Reasonable forsight as test to determine remoteness of damage’ was laid down in

20 / 100

P, owner of a car, asked his friend Q to drive the car to Bombay where he would join him. As the car was about five kilometers from Bombay it hit a pedestrian R, on account of Q’s negligent driving and injured him seriously. R sued P for damages. In this case:

21 / 100

Which one of the following is the ratio decidendi of the case of Rylands v. Fletcher?
1. A person is liable if he brings on his land some dangerous thing
2. The liability arises not because there was any fault on the person but because he kept some dangerous thing on his land
3. Even if the defendant was not negligent in causing the harm, he could still be made liable under the rule
4. A person, who for his own purposes brings on his lands and keeps there anything which is likely to do mischief if it escapes, is prima facie answerable for the damage which is the natural consequence of its escape.
Which of the statements given above is/are correct?

22 / 100

“You must take reasonable care to avoid acts or omission which, you can reasonably foresee, would be likely to injure your neighbour.”
The above statement was said by . . . . . . . in the case . . . . . . .

23 / 100

Which of the following situations relate to joint liability?
1. When one person employs another to do an act which turns out to be a tort.
2. Master engages a servant to do an act which amounts to tort.
3. Two or more persons combine together to do an act amounting to tort.
4. Two or more persons do wrongful act resulting in one damage.
Select the correct answer using the given below:

24 / 100

Consider the following statements:
1. The Bolitho test relates to medical negligence.
2. The Bolitho test was referred to in Malay Kumar Ganguly v. Sukumar Mukherjee.
Choose the correct option from below:

25 / 100

Two persons are said to be joint tort-feasors when

26 / 100

According to the ‘objective theory of negligence’, negligence is a

27 / 100

A master’s liability for the wrongs committed by the servant is known as:

28 / 100

The absolute liability principle mainly focuses on which of the following?

29 / 100

Tort means:-

30 / 100

Match List-I (Name of case) with List-II (Decision of case) by using below:

List I (Name of case)
List II (Decision of cases)

a. Manju Bhatia v. New Delhi Municipal Corporation
1. Liability of owner of tree for an injury caused by its falling

b. Delhi Municipal Corporation v. Sushiia Devi
2. Legal duty of Railway to assure reasonable safety at railway level crossing

c. Union of India v. Lalman
3. Teacher’s duty of case towards children when they are taken out on a picnic for fun and swim

d. M. S. Grewal v. Deepchand Sood
4. Liability of builder towards purchasers of flats

31 / 100

An action under scienter and negligence can be brought by

32 / 100

Test of directness for determining remoteness of damage was laid down in:

33 / 100

A music teacher committing sexual intercourse with a minor girl having obtained her consent for the same on the pretext of that the same is required to improve her voice, was held guilty of rape in

34 / 100

Which out of the following cannot be used as defences in an action for tort?

35 / 100

When someone, such as a contractor, who is laying down a severage line or an individual who is constructing his house, digs a tench on a public way, it is public nuisance causing interference in the use of the public way. X, a social worker, files a petition for the removal of the nuisance by getting the trench filled in and claims a compensation of rupees one lakh.

36 / 100

Under the Indian Law

37 / 100

In Municipal Corporation of Delhi v. Subhagwanti, the Supreme Court applied which one of the following principles?

38 / 100

There is a children’s school by the side of a highway while classes are going on, two children of the school stray on the highway. A truck is moving on the highway at normal speed. While trying to avoid hitting the children, the truck collides with a bullock cart. One person is injured, the bullocks die and the truck is also damaged. Which one of the following propositions correctly describes the liability?

39 / 100

Which one of the following elements is not necessary to have a private right of action in respect of a public nuisance?

40 / 100

Which one of the following principles has been paid down as the basis of liability in Rylands v. Flecther case?

41 / 100

Which one set of factors out of the following is important for the defendant to be held liable for the tort of conspiracy?

42 / 100

P’ gave her expensive dress to ‘D’, a dry cleaner for getting it cleaned, who in tum gave the dress to his worker ‘M’ for the purpose of cleaning. ‘M’ without permission of ‘V’ gave the dress to a lady ‘X’ for wearing on some party. ‘X’ returned the dress to ‘M’ in a damaged condition. ‘P’ files suit against ‘D’ for her loss.

43 / 100

The rule of strict liability

44 / 100

Which of the following falls under the categories of Act of God

45 / 100

The rule in Rylands v. Fletcher does not apply when the escape is due to:

46 / 100

“Right of action is extinguished by the death of one or other parties.” The statement is

47 / 100

Match the following

a. Vis major
1. Town Area Committee v. Prabhu Dayal

b. Res ipsa loquitur
2. Municipal Corporation of Delhi v. Subhagwanti

c. Ubi jus ibe remedium
3. Nichols v. Marsland

d. Actus non facit reum, nisi mens sit rea
4. Bradlaugh v. Gossett

48 / 100

For the purposes of vicarious liability a servant is a person

49 / 100

Match List-I (name of case) with List-II (name of defense) and give the correct answer by using the given below:

List I (Decided case)
List II (Principle stated)

a. Samira Kohli v. Prabha Manchanda
1. Plaintiff a wrong-doer

b. Sodan Singh v. New Delhi Municipal Committee
2. Leave and licence

c. Bird v. Holbrook
3. Act of God

d. Kallulal v. Hemchand
4. Necessity

50 / 100

According to Winfield

51 / 100

Extra-judicial remedies exclude

52 / 100

. . . . . . . . propounded the theory that the primary purpose of the law of Tort is social engineering.

53 / 100

Match List-I (Name of defence) with List-II (Related case) and give the answer by using the given below:

List I
List II

a. Plaintiff a wrongdoer
1. Nichols v. Marsland

b. Act of God
2. Bird v. Holbrook

c. Inevitable accident
3. Consolidated Co. v. Curtis

d. Mistake
4. Stanley v. Powell

54 / 100

Which one of the following is an appropriate statements?

55 / 100

When two or more persons commit same tort against the same plaintiff, they may be:-

56 / 100

In an action for defamation under civil law

57 / 100

D left his horse and van unattended in a crowded street and went to see his friend in the adjoining street. While D was away, a dog barked and pounced on the horse. The horse got frightened and started running furiously along the road with the van. P, a pedestrian, saw X in danger of being run over and in order to save him pushed him away, but in doing so, he himself was injured. P sues D for damages:

58 / 100

An act done by a Government servant in exercise of statutory powers is a defence

59 / 100

Which of the following sets of defences available in an action for defamation?

60 / 100

In order to establish the case of malicious prosecution, the malice must be:-

61 / 100

Principle: A defendant is liable for all direct consequences of his act or omission, which he could have reasonably foreseen as naturally flowing from his action.
Factual Situation: A bus driver was driving a bus along the BRT corridor in New Delhi. At a Bus stand he carelessly drove the bus resulting in hitting a railing and crushing a Marshall on duty at the spot. A lady standing at a distance, on hearing about the accident rushed to the spot and saw the injured covered in blood, hanging on a piece of the railing. The sight terrified the lady and as a result she fainted and had to be treated for nervous shock. The lady on recovery filed a suit for compensation against the driver and the owner of the bus.

62 / 100

Which one of the following is not an element of the tort of malicious prosecution?

63 / 100

The plaintiff’s husband gave some cash and cheques to his friend who was an employee of a Bank, for depositing in her account in the bank. The employee misappropriated the amount. Choose the most appropriate answer from the following:

64 / 100

“Injuria sine damno” means

65 / 100

The State is vicariously liable in an action for tort if the act done by its employee is:

66 / 100

Nuisance can be

67 / 100

Negligence is failure in duty of taking due care. The expression ‘duty’ means

68 / 100

The doctrine of common employment means

69 / 100

Which of the following torts is actionable per se without the proof of-damage to the plaintiff?

70 / 100

Owing to the negligence of the defendant railway company, the plaintiff and his family were made to get down at the wrong railway station. No accommodation was provided. As a result, the plaintiff’s wife caught cold. The plaintiff claimed damages for consequential loss on account of medical expenses incurred for her treatment and her loss due to pay-cut in office. The claim for damages will not succeed on ground of:

71 / 100

Fumes constitute

72 / 100

Which of the following is not correctly matched?

a. Damnum sine injuria
1. Town Area Committee v. Prabhu Dayal

b. Act of God
2. Smith v. Charles Baker

c. Defamation
3. Cassidy v. Daily Mirror Newspaper

d. Valenti non fit injuria
4. Haynes v. Harwood

73 / 100

PRINCIPLE: The standard of care to determine whether a person has been guilty of negligence is the standard of care which in the given circumstances, a reasonable man could have foreseen.
FACT: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters was playing nearby. On hearing the noise of the pump, she was curious to see the motor. She touched the motor which was not covered properly and three of her fingers were cut.

74 / 100

The liability for the tort of negligence arises:-

75 / 100

If an act is otherwise lawful, it does not become unlawful merely because the same has been done with an evil motive. This principle was enunciated in

76 / 100

A person may be falsely imprisoned while he is:-

77 / 100

The state of mind of a person committing tort is relevant in:

78 / 100

Rylands v. Fletcher is the decision of the

79 / 100

Which one of the following can be successfully pleaded as a defence in an action for conspiracy?

80 / 100

A and B entered Z’s premises to search for an escape of gas. Each one of them applied naked light to the gas pipe. A’s applications resulted in an explosion causing damages to Z’s Premises. In this case, which one of the fallowing statements is legally sustainable?

81 / 100

What is ‘alterum non laedere’?

82 / 100

Cattle for the purposes of cattle trespass

83 / 100

Which of the following statements is true about malice-in-law and malice-in-fact?

84 / 100

In tort the private defence is

85 / 100

A master’s liability for the act of his servant is based

86 / 100

“Tortious liability arises from the breach of duty, primarily fixed by law.” Who said the statement?

87 / 100

Remoteness of damages is determined by

88 / 100

When one person is held liable for the wrongful act of others, it is called

89 / 100

The rule regarding the principle of negligence was laid down in the leading case of

90 / 100

What is a quasi-tort

91 / 100

When a Master A has lent only the labour of his servant to another Master B, who of the following is/are liable for the wrongful act of the servant?

92 / 100

A lady died at the time of the birth of her child. She was attended to by an unqualified midwife on her own request at the time of the delivery. An action for damages was brought by her husband. In this case:

93 / 100

In his definition of ‘Law of Tort’, Winfield supports the principle given in the maxim:

94 / 100

Under the rule of vicarious liability

95 / 100

A man’s reputation is his property, and if possible, more valuable, than other property. Itwas so observed in

96 / 100

Where does vicarious liability generally arise from?

97 / 100

Injuria sine damnum means-

98 / 100

Principle: Any person who provides service to others is bound to ensure that such service is without any defect.
Factual Situation: X, a resident of middle class housing colony was habituated to taking morning walks in the RWA Park. One day X accompanied by his wife after taking one round in the Park, decided to go out to walk on the main road, maintained by the Municipal. Corporation. They were walking on the beautiful footpath which was paved with interlocking concrete bricks. Suddenly X’s wife, who was walking behind her husband fell down into a big hole on the pavement, which was not there when X crossed the point. X pulled out his wife from the pit and observed that the hole occurred due to a bad construction of the pavement. X wants to sue the Corporation for compensation for the injuries suffered by his wife.

99 / 100

A enters into B’s house through a window. What offence he had made out?

100 / 100

Private nuisance is an injury to the right of a persons in respect of which one of the following?

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