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Law of Torts

Practice Test 3

1 / 100

If a person wrote that all lawyers were thieves, he can be sued by

2 / 100

Which of the following is an important factor/are important factors to constitute the tort of nuisance?
1. Abnormal sensitivity on the part of the plaintiff.
2. Malice on the part of the defendant.
Select the correct answer using the given below:

3 / 100

Assertion (A): The liability for negligence is based upon a general public sentiment of moral wrong doing for which the offender must pay.
Reason (R): On breach of duty towards the plaintiff to take care that results in damage, the plaintiff can sue for damages for negligence.

4 / 100

Mental condition of the wrong-doer at the time of wrong doing is

5 / 100

Malice in fact means a wrongful act done intentionally

6 / 100

Which one of the following is not an important factor in the tort of conspiracy?

7 / 100

The doctrine of desuetude refers to
1. Neglect by the courts.
2. State of disuse
3. Contrary practice being adopted
Select the correct answer using the given below,

8 / 100

Due to the collapse of the clock-tower situated opposite the town hall in main bazaar of a city, a number of persons died. The clock-tower belonged to the Municipal Corporation of the city and was exclusively under its control. It was 60 years old but the normal life of the structure of the building which had fallen could be 40 to 45 years having regard to the kind of material used. Mrs. X whose husband died due to the collapse of the clock-tower filed the suit for damages against the Municipal Corporation.
Which one of the following maxims is applicable in the aforesaid case?

9 / 100

Assertion (A): Public and private nuisance are not in reality two species of the same genus at all. Obstruction of a highways is public nuisance but an individual can sue on proof of special damages to him.
Reason (R): Negligence is a necessary condition of a claim for nuisance and the latter is a breach of the former.

10 / 100

Which one of the following is not generally a valid defence in tort law?

11 / 100

The definition of tort is contained in

12 / 100

Which among the following are relevant for liability in the tort of conspiracy?
1. Number of combiners
2. Purpose of the combiners
3. Intention of the combiners
4. Actions taken by the combiners
Select the correct answer using the given below:

13 / 100

X, an industry engaged in manufacturing of chemicals, stored toxic gas in tanks. Due to heavy and extraordinary rains, the tank collapsed and the gas leaked. A, who was within the industry and B, who was away from the industry sustained injuries. They sued X for damages.

14 / 100

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

List I
List II

a. State of Saurashtra v. Memon Haji Ismail
1. No right to Sue as an un-incorporated association

b. Delhi Transport Corporation v. Kumari Lalita
2. Municipal law does not apply

c. Brown v. Lewis
3. Suit against corporation

d. Campbell v. Paddington
4. Suit by minor

15 / 100

Consider the following statements about legal propositions:
1. Joint tort-feasors can be sued jointly and severally.
2. They are liable for the whole damage resulting from the tort.
3. Damages may be recovered from all or either of them.
Which of the statements given above is/are correct?

16 / 100

In an action for defamation, in which of the following cases, the defence of absolute privilege is not available?

17 / 100

Which of the following judges propounded the principle of absolute liability in M. C. Mehta v. Union of India (AIR 1987 SC 1086)

18 / 100

Is a fair and accurate report of any proceedings or debate in either House of Parliament or in any Committee thereof, privileged, even though it contains matter defamatory of an individual?

19 / 100

The term ‘malfeasance’ applies to

20 / 100

A tractor with trolley carrying several persons collides with a train on an unmanned railway crossing in which many people are killed and injured in a suit for compensation:

21 / 100

Holihood Silver Fox Farm v. Imet is a case which is related with the torts of

22 / 100

Which one of the following is the correct statement?
In an action for malicious prosecution plaintiff need not prove that:

23 / 100

Which one of the following is a good defence for the tort of private nuisance?

24 / 100

The principle of inevitable accident is derived from American case known as .

25 / 100

The rule that joint tort-feasors are jointly and severally liable means that:

26 / 100

Rule of Proximity’ is associated with which of the following torts?

27 / 100

For an action of nuisance defendant can put up the following defence
1. The place is suitable for the purpose
2. It is for the benefit of the residents of the locality
3. It is done under statutory authority
4. Plaintiff has consented to the act of the above statements-

28 / 100

Read Assertion (A) and Reason (R) and give answer by using below:
Assertion (A): The law takes no cognizance of carelessness in the abstract.
Reason (R): Cause of action for negligence accrues when damage that is real damage is suffered.

29 / 100

Consider the following statements: All persons are joint tort-feasors, who?
1. Aid in the commission of wrongful act.
2. Expect one and the same result of their act.
3. Joined the act complained.
Which of the statements given above are correct?

30 / 100

Which out of the following does not constitute an exception to the rule in Ryland v. Fletcher?

31 / 100

In England successive actions under the Civil Liability (Contribution) Act, 1978 are permissible in case

32 / 100

Two or more persons can be made joint tort-feasors, if they have:

33 / 100

Dacoity with murder creates co-extensive responsibility of each participant because

34 / 100

Liability of the transferor of chattel towards the ultimate transferee

35 / 100

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

36 / 100

Necessity is available as defence

37 / 100

In India under section . . . . . . . . of the Civil Procedure Code, in the case of a public nuisance, the Advocate-General, or two or more persons having obtained the consent in writing of the Advocate-General, may institute a suit though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case.

38 / 100

Immunity from actions under statutory authority is

39 / 100

Which one of the following is not a good defence in suits for damages on negligence?

40 / 100

Match the items of List I with the items of List II and choose the correct answer from the given below.

List I
List II

a. Ex turpi causa non oritur
1. Immediate cause

b. do minimis non curat lex
2. From an immoral cause no action arises

c. Causa causans
3. From day to day

d. de die in diem
4. Law does not concern itself with trifles

41 / 100

Which of the following requirements form an essential element of the tort of malicious prosecution?
1. Prosecution of the plaintiff by the defendant
2. Termination of the case in favour of the defendant
3. Termination of the case in favour of the plaintiff
4. Presence of reasonable and probable cause
5. Absence of reasonable and probable cause
6. Malice on the part of the defendant
7. Damage suffered by the plaintiff
Select the correct answer using the given below:

42 / 100

In one auction sale, ‘X’ is the highest bidder. The auctioneer accepts the offer not by speaking but striking the hammer on the table. This amounts to:

43 / 100

Assertion (A): Tort is a civil wrong.
Reasoning (R): This civil wrong is other than a mere breach of contract or breach of trust and it is redressible by an action for unliquidated damages

44 / 100

Read Assertion (A) and Reason (R) and answer by using the below:
Assertion (A): The existence of a duty to take care is essential before a person can be held liable in negligence.
Reason (R): The standard of care required is not a matter of law and does vary according to the individuals although it does not vary according to the circumstances.

45 / 100

In which case, the principle of absolute liability was laid down?

46 / 100

The rule of “No fault liability” signifies

47 / 100

W, a woman got pregnant inspite of sterilization operation. Will the doctor who performed sterilization operation be held liable on grounds of negligence? The doctor would

48 / 100

The Pigeon-hole theory, about the nature of tort, has been propounded by whom among the following?

49 / 100

Which of the following statements is/are correct in connection with malicious prosecution?
1. Malice is to be inferred from the acquittal of the plaintiff.
2. Malice is not to be inferred from the acquittal of the plaintiff.
3. The plaintiff must prove independently of the acquittal that his prosecution was without reasonable and probable cause,
4. The plaintiff is not required to prove that his prosecution was without reasonable and probable cause.
Select the correct answer using the given below:

50 / 100

A had constructed a temporary structure on a land belonging to the Municipal Corporation in which he ran a flourishing restaurant that was frequented by elites of the town. The Municipal Corporation constructed a huge Public Toilet in the plot adjoining A’s famous restaurant. Does A have any remedy under Tort Law?

51 / 100

Mistake is a good defence for the tort of:

52 / 100

Volenti non fit injuria is available

53 / 100

The term of copyright in cinematograph films shall subsist

54 / 100

Consider the following statements:
1. Tortious liability arise from breach of a duty primarily fixed by the law.
2. This duty is towards persons generally.
3. Breach of this duty is repressive by an action for unliquidated damages.
4. The quantum of damages is determined by the court.
Which of the above statements are correct?

55 / 100

A entrusted his car to B for plying it as a taxi. B employed C as a cleaner. B gave the taxi to C for taking a driving test and to obtain a driving licence. C while giving the driving test seriously injured D. D filed a case against A, the owner of the vehicle.

56 / 100

State which of the following statements is defamatory?

57 / 100

Following is not an essential of tort of negligence

58 / 100

Which one of the following test laid down by Privy Council in a popularly known Wagon Mound case

59 / 100

While driving to office one day, A suddenly faints and crashes her car into B causing him to suffer a broken arm. A was under a prescribed medication to control fainting but on the day of crash she had forgot to take the prescribed medicine. In an action for negligence by B against A, A would be-

60 / 100

The case of Abranth v. North Eastern Rly. Co. is about

61 / 100

A’ is in dire need of Rs. 100000/- but was unable to get any loan from banks as he had no security to offer. ‘A’ approached his friend ‘B’ who knowing the helpless position of ‘A’ lent money at a very high rate of interest, saying that he had himself borrowed money from ‘C’
The contract between ‘A’ and ‘B’ was:

62 / 100

Principle: No person can sue for a tort to which he had consented either expressly or impliedly. Voluntarily suffered injury is not fit for action. However rescue cases are exceptions.
Facts: A short distance from ‘X’s house, there was a railway collision due to the negligence of railway authority. ‘X’ voluntarily took an active part in rescue operations at the scene of the accident. As a result, he suffered prolonged anxiety and neurosis. He filed a suit for damages against railway authority.

63 / 100

Public nuisance is

64 / 100

Match List I with List II and select the correct answer using the given below the lists.

List I (Principle)
List II (Associated case)

a. damnum sine injuria
1. Ashby v. White

b. absolute Liability
2. Gloucester Grammer School case

c. injuria sine damnum
3. Stanely v. Powel case

d. inevitable accident
4. Ryland v. Fletcher case

65 / 100

A railway company was authorised by law to run railway trains on a track. The sparks from the engine set fire to the adjoining property belonging to the plaintiff. Which one of the following defences will be most appropriate for the defendant to raise in action for nuisance by the plaintiff?

66 / 100

X’ with a view to murdering Y enters Y’s bedroom at night when Y is out of station, ‘X’ is guilty of:

67 / 100

Which of the following cases is not an example of a rescue case, that provides an exception to the doctrine of volenti non fit injuria?

68 / 100

Consider the following statements:
In tort of defamation, the words must be defamatory. For this purpose,
1. The statement should be read as a whole
2. The words must be given their natural and ordinary meaning.
3. The impression should be gathered from first reading.
4. The impression should be gathered on reading the statement not on later analysis.
Which of the statements given above are correct?

69 / 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?

70 / 100

X and his wife went for shopping leaving behind their dog in their car which they had locked after pulling up the glasses of the windows. For reasons unknown, the dog probably got excited and broke the rear glass, probably with its paws and jumped out. A fragment of the broken glass flew at the face of one Y, a passerby, and pierced into his eye resulting in its loss. Y sued X for damages alleging negligence on the part of X. What defence can X take:

71 / 100

“The person who, for his own purpose, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril.” Identify the Rule.

72 / 100

Tort implies a twisted or tortious

73 / 100

The famous case of six carpenters (1610) discussed the concept

74 / 100

Y sold gasoline, a highly inflammable material to X and Z, 6 and 9 years old children. He had asked them why they were purchasing it but they told a lie, that their mother needed it. They actually played with it and X was badly burnt. Answer whether:

75 / 100

X an employer of M Bank was arrested by the police upon a written complaint of M Bank, but X was acquitted at session trial. X claimed damages and court held that (Guari Pd. v. Chartered Bank case)

76 / 100

In a case of vicarious liability, the liability is

77 / 100

In order to discharge the burden of proof placed upon him, it is usually necessary for the plaintiff to prove specific acts or omissions on the part of the defendant which will qualify as negligent conduct. Some times, however, the circumstances are such that the court will be prepared to draw an inference of negligence against the defendant without having detailed evidence of what he did or did not do. This is known as:

78 / 100

A master is liable for the wrongs of his servant if the servant:

79 / 100

Which of the following is not a case of absolute privileges

80 / 100

Which of the following requirements form an essential element of the defence of fair comment in the tort of defamation?
1. The matter commanded on must be of public interest
2. It must be an assertion of fact
3. It must be an expression of opinion
4. The comment must be fair
5. The comment must be nutritional
6. The comment must be malicious
Select the correct answer using the given below:

81 / 100

Which of the following are the exception to the strict liability rule

82 / 100

Principle: A person is duty bound to act with such reasonable caution as a prudent man would have exercised under such circumstances.
Facts: The defendant ‘D’, built a hay stack near the boundary of his land which bordered the plaintiffs land. He had been warned several times by many in the vicinity over a period of five weeks that the manner in which he built the hay stack was dangerous. The defendant’s hay stack had been built with a precautionary “chimney” to prevent the hay from spontaneously igniting, but one day it caught fire. Consequently, the hay ignited and spread to the plaintiffs land, burning down two of the plaintiffs cottages.
Is ‘D’ liable?

83 / 100

The doctrine of apportionment of damages in cases of contributory negligence is

84 / 100

Principle: A person becomes liable for his negligence when he owed a duty of care to others.
Facts: A train was leaving the platform. Dhiraj rushed and boarded the moving train. He was carrying a parcel of long wooden reapers. Even though Dhiraj managed to enter the train, the parcel was protruding out through the compartment door. Mohit, who came to see off his friend, was standing on the platform waiting for the train to move. The protruding parcel hit Mohit on his chest. Mohit claims compensation for the injury from Dhiraj. Will Mohit succeed?

85 / 100

Which of the following is a valid defence against an action in tort:

86 / 100

Joint tort-feasors may be held liable

87 / 100

X, a driver who is in the permanent employment of Y, is temporarily lent to Z. While driving Z’s car, X decides to smoke a cigarette and while lighting the cigarette, he takes his eye away from the road and knocks down and injures, M a pedestrian. What will be the judgement of the court?

88 / 100

An army truck driven by an army driver while going to leave army jawans on the station for enabling them to catch their home town, hit a pedestrian and killed him due to rash and negligent driving. Which one of the following is correct?

89 / 100

Consider the following situation:
The plaintiff, while passing through the public way near defendant’s premises injured by fall of snow accumulated on the roof of the defendant’s house as a result of severe storm, for which no warning had been given by the defendant to passer-by. It is a case of which one of the following?

90 / 100

In which of the following cases, insulting words cannot form the basis of an action of defamation?

91 / 100

In which of the following cases, it is actionable defamation?

92 / 100

The remedy in case of tort is

93 / 100

The pigeon hole theory was propounded by

94 / 100

The element of malice

95 / 100

The doctrine of res ipsa loquitur was applied by the Supreme Court in

96 / 100

If the defendant has not been able to properly control the animal which he knew or ought to have known to be having a tendency to do harm, he is liable. This forms part of . . . . .

97 / 100

An act of God is an inevitable and extraordinary occurrence of circumstances. To take advantage of the defence of act of God, the most essential requirement which has to be proved is that the occurrence had taken place-

98 / 100

The rule laid down by the Supreme Court in the case of M. C. Mehta v. Union of India, AIR 1987 SC 965 (Oleum Case) is

99 / 100

What do you understand by neighbour’s rule propounded by Lord Atkin in Donoghue v. Stevenson?

100 / 100

On a foggy night ‘A’ puts his scooter in the garage of ‘B’ On finding it, if ‘B’ removes the scooter from the garage and puts it alongside the road, then:

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