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Law of Torts

Practice Test 4

1 / 100

What defense could be used when an injury is caused to a person due to unforeseen or unexpected events in spite of reasonable care taken by him?

2 / 100

Which one of the following is not correct

3 / 100

After matching List I and List II, point out the correct one.

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

a. Mersey Dock’s v. Proctor
1. Statutory Authority

b. Metropolitan Asylum District v. Hill
2. Vicarious Liability

c. Nichols v. Marsland
3. Inevitable Acciden

d. Holmes v. Mather
4. Act of God

4 / 100

“Tort is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of trust or other mere equitable obligation.” Who has given the above definition of tort?

5 / 100

In the tort of conspiracy two or more persons combine without lawful justification?

6 / 100

Principle of vicarious liability was first time decided in the case

7 / 100

Identify the situation out of the following in which the defendant owes no duty to take care against the plaintiff:

8 / 100

P, while travelling as a passenger was injured on account of negligence of the railways. An action lies:

9 / 100

Which one of the following is true about Latin Maxim ‘Ubi Jus fbi remedium’?

10 / 100

Consider the following statements:
Contract can be avoided if the consent is obtained under:
1. Mistake of law
2. Mistake of fact
3. Coercion.
4. Undue influence
Which of the statements given above are correct?

11 / 100

The essential ingredient of the tort of negligence are
(1) When one owes a duty of care towards the other.
(2) When one commits a breach of that duty and
(3) The other person suffers damage as a consequence thereof
Choose correct response for below

12 / 100

Principle: No action lies for mere damages or loss, however substantial, caused by an act which does not infringe some legal right of the plaintiff.
Facts: In order to ward-off the flow of water into his land from a stream, ‘A’ dug a trench and put up a bund on his land. As a result, the rainwater now flowed to ‘B’s land and caused damages. ‘B’ claimed damages from ‘A’.

13 / 100

Assertion (A): The bank is liable for misappropriation of money, given by the plaintiff to the bank’s cashier, who is a friend of the plaintiff at his residence for depositing it in the bank.
Reason (R): The master is liable for the wrongful acts of the servant done during the course of employment.

14 / 100

The maxim ‘Res Ipsa Loquitur’ means-

15 / 100

A purchases a ticket to watch a movie and was seated in the hall. But after some time he started shouting and behaved in unruly manner causing annoyance to the audience. When he did not pay heed to request to calm down he was evicted. He brings a suit for damages against the management. Will he succeed if so on what ground?

16 / 100

Principle: A master is liable for the wrongful act of his servants committed in the course of employment.
Facts: ‘A’ employed ‘B’ to drive his jeep. ‘B’ took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, went on a spree, and on the way, he gave joy ride to some unauthorized persons. ‘B’s negligence caused an accident resulting in injuries to all the unauthorized persons in the vehicle. Can they claim damages from ‘A’?

17 / 100

Defaming someone by words or by gestures is called in Torts as:

18 / 100

Which of the following remedy is not available in action of torts?

19 / 100

The statement that a lady has given birth to a child. It is a:

20 / 100

The defendant did not remove the snow and ice accumulated on his roof as a result of severe snow storm and not warned the public of its presence. The plaintiff standing on the highway outside the defendant’s premises is injured by fall of snow. The plaintiff claimed damages. Which one of the following statements is correct?
The defendant is:

21 / 100

Whether for a wrong both tortious and criminal liability may arise?

22 / 100

A’ is the owner of a furniture shop and ‘B’ is employed in that shop as a delivery-man. In which of the following cases, ‘A’ would be liable in a suit filed by the injured plaintiff ‘C’ for the action of ‘B’?
Case 1. One day, ‘B’ was on his delivery route when he met his friend ‘D’. ‘D’ requested ‘B’ to drop him at the railway station as he was getting late for the train. ‘B’ drove very fast and while returning back from the railway station, ‘B’ negligently ran over ‘C’.
Case 2. One day, ‘B’ was on his delivery route when he met ‘D’. As both had met after long time, ‘B’ decided to have lunch with his friend ‘D’. ‘B’ drove out of his way to a nearby restaurant and had lunch there. While driving back from there, ‘B’ negligently ran over ‘C’.

23 / 100

A nine year old boy bought petrol in a Can from the defendant, a petrol dealer by falsely stating that his mother needed it for her car. In fact, he used it to play with it, and, in doing so, sustained bum injuries. The defendant is:

24 / 100

“It is not law of tort but law of torts.” It was said by

25 / 100

Kasturilal v. State of Uttar Pradesh is related to

26 / 100

Article 300 of the Constitution deals with

27 / 100

Who defined defamation as “publication of a statement which tends to lower a person in the estimation of right thinking members of society generally, or which tends to make them shun or avoid that person”.

28 / 100

Which one of the following is a valid defence in tort of nuisance?

29 / 100

Which one of the following defences did the defendants in the case of Donoghu v. Stevenson not plead?

30 / 100

Match the principles mentioned in List I with the associated cases in List II and select the correct answer from the given below:

List I
List II

a. Neighborhood Rule
1. Greenock Corp. v. Caledonian Rly.

b. Volenti non fit injuria
2. Donoghue v. Stevenson

c. Vis major
3. Achutrao Haribhau Khowda v. State of Maharashtra

d. Res ipsa loquitur
4. Smith v. Charles Baker and Sons

31 / 100

Ingredients of rule of Strict liability are all, but one, of the following

32 / 100

A cyclist negligently dashed against a bus and was killed in the accident. The bus driver was also found negligent in not averting the possible accident. The wife of the deceased cyclist brought a civil action for damages for the death of her husband. To want extent, if at all, will she succeed?

33 / 100

Which one of the followingis correct?

34 / 100

Which one of the following statements is correct?
In the tort of false imprisonment, knowledge of the plaintiff that he is being falsely imprisoned is:

35 / 100

Bird v. Jones, 1845 KB is a case in the law of torts which is related with the torts of

36 / 100

Vicarious liability includes

37 / 100

Where the words alleged to be defamatory do not appear to be such on their face, the plaintiff must prove the latent or secondary meaning which makes the statement defamatory. Such explanatory statements are called

38 / 100

Rule laid down in Rylands v. Fletcher is known as:

39 / 100

Which of the following is a characteristic for action of tort between parties?

40 / 100

Vis major stands as an exception to . . . .

41 / 100

Action for defamation can be brought by

42 / 100

In the Law of Torts, nominal damages are awarded

43 / 100

A street newspaper vendor is liable

44 / 100

Consider the following statements:
For making occupier or owner of a land liable on the basis of strict liability rule certain essential factors are:
1. Keeping of a dangerous thing on his land.
2. non-natural use of land.
3. use of thing for common benefit.
4. escape of thing from his control.
Which of the statements given above are correct?

45 / 100

Defamation is the publication of a statement resulting in-

46 / 100

The driver of a bus belonging to the defendant permitted the conductor to drive the bus. The conductor drove negligently causing accident resulting in injuries to the plaintiff. The defendant would be:

47 / 100

Negligence is not a particular state of mind but is particular kind of conduct. This is known as-

48 / 100

When the ‘innuendo’ is proved

49 / 100

X has enclosed a portion of the pavement for giving a reception to the barat on the occasion of the marriage of his daughter. No one, who is not invited, is allowed to pass through the pavement. M, who tries to cross, is prevented.

50 / 100

The two rules (i) General Damages and (ii) Special Damages were propounded for the first time in

51 / 100

Tort of conspiracy occurs where

52 / 100

In India, the scope of the doctrine of common employment was restricted by

53 / 100

B’ asked his friend ‘C’ to drive his (B’s) car, ‘C’ drives and causes an accident with another car of ‘D’ in an action brought by D

54 / 100

Which one of the following statements illustrates the principle of contributory negligence?

55 / 100

Malicious prosecution is a tort intending to protect:-

56 / 100

Consider the following statements:
In an action for malicious prosecution, the plaintiff must prove that the
1. Plaintiff was prosecuted by the defendant.
2. Prosecution ended in the plaintiffs favour.
3. Defendant acted without reasonable and probable cause.
Which of the statements given above are correct?

57 / 100

Consider the following statements:
For vicarious liability, there must be:
1. Relationship of master and servant
2. No control of master on the manner of doing the work.
3. Tort committed in the course of employment.
4. Master’s control on the manner of doing the work.
Which of the statements given above are correct?

58 / 100

The unlawful with a person use or enjoyment of land or of some right over or in connection with it, is a tort of

59 / 100

The branch of a tree growing on the defendant’s land hung on the highway at a height of about 30 feet above the ground. In fine weather, the branch suddenly broke and fell upon the plaintiff’s vehicle which was passing along the highway. For the damage to the vehicle, the plaintiff sues the defendant on the ground of nuisance. Which one of the following conclusions is correct in this suit?

60 / 100

The constitute a tort

61 / 100

Heat constitutes-

62 / 100

X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X’s) office, it hit a pedestrian P on account of Y’s negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct regarding the above?

63 / 100

Which one is leading case on Strict Liability?

64 / 100

Innuendo means:

65 / 100

Which one of the following is not a defence to the strict liability rule in tort?

66 / 100

The standard of care required on the part of defendant in the tort of ‘negligence’ is of

67 / 100

Which of the following defences is available in tort of negligence?

68 / 100

The rule Rylands v. Fletcher is not applicable

69 / 100

X was a qualified voter at the Parliamentary election, but Y, a returning officer, wrongfully refused to take X’s vote, No loss was suffered by such refusal because the candidate for whom he wanted to vote had won. Which one among the following is a correct statement of law?

70 / 100

Defamation is a tort which is related with the

71 / 100

Which of the following is not actionable as a tort of defamation

72 / 100

Vicarious liability of master arises

73 / 100

Which of the following statements are correct?
1. In tort, the duties are imposed by law whereas in contract, duties are undertaken by the parties themselves.
2. In tort, the duty is towards the world at large but in contract, the duty is towards specific individual or individuals.
3. In tort, damages are liquidated but in contract, the damages are unliquidated.
4. In tort, a person may be liable for the wrongs committed by others also but in contract, the liability governs the parties to the contract only.
Select the correct answer using the given below:

74 / 100

What is the meaning of the expression ‘felonious tort’?

75 / 100

Several children of a school had gone on sightseeing under charge of two teachers of the school. Before lunch, some of the children decided to take bath in the near river on the bank of which they had camped. While swimming, two of the children were drowned. It was found that the teachers incharge were taking lunch at that time. In a suit for compensation:

76 / 100

The wall of an old building situated on the main road collapsed and three persons A, B and C then passing by the road were seriously injured. They sue the owner of the building for damages.

77 / 100

X, while travelling as a passenger in a railway, was injured on account of the negligence of the railway. An action could be taken

78 / 100

When the defendant by his act creates an apprehension in the mind of the plaintiff that he is going to commit battery against the plaintiff:

79 / 100

One of the remedies for false imprisonment is:

80 / 100

A civil wrong committed except where the words are also blasphemous, seditious, obscene or amount to a contempt of Court is called

81 / 100

A and B, unknown to D, sought and got a lift in D’s car, but on account of some mechanical defect in the car, of which D was not aware, one of the front wheels of the car got detached and flew away and the car turned turtle. A and B suffered serious injuries and later A, died of his injuries. B and A’s next of kin sued D for damages for negligent driving. What defence does D have?

82 / 100

A’ authorises ‘B’ to buy 500 cows for him. ‘B’ buys 500 cows and 300 calves for one sum of Rs. 50,000. ‘A’ is liable to pay

83 / 100

Consider the following statements:
1. To bring an action for damages in respect of a public nuisance by a private individual, the injury must be direct and not merely consequential
2. Private nuisance may be with respect to property or personal physical discomfort.
Which of the statements given above is/are correct?

84 / 100

The window panels of a building belonging to the defendant, which was by the side of a highway, had been broken one Friday in an air-raid. The plaintiff was injured by a glass falling from the window the next Thursday by which time no repairs had been got done by the defendant. In this case, which one of the following is correct?

85 / 100

In vicarious liability

86 / 100

Holback Hotel Ltd. v. Scarborough Borough Council is a leading case on

87 / 100

Which of the following is true in relation to nuisance?

88 / 100

The rule of strict liability was laid down in Rylands v. Fletcher by:-

89 / 100

Which one of the following is not an instance of Injuria Sine Damnum?

90 / 100

Rule of Common Employment’ is an exception under the law of torts for

91 / 100

There is ‘publication’ when

92 / 100

What does maxim Novus actus interveniens mean?

93 / 100

In law of torts ‘neighbours rule’ mean

94 / 100

What does tort of negligence mean?

95 / 100

Ubi jus ibi remedium means:

96 / 100

Which among the following statements deals with the provision for compensation to the victim rather than dealing with the question of fault?

97 / 100

In which on the following cases is the occupier liable for negligence?

98 / 100

In which of the following landmark decisions of Supreme Court, compensation was awarded as per common law principle of trespass to person against a medical professional?

99 / 100

A willful and unjustified dealing with the goods in such a manner that another person, who is entitled to immediate use and possession of the same, is deprived of that is known as . . . . .

100 / 100

In which of the following situations is communication treated as published and defamatory?
1. Dictating a letter to one’s typist containing defamatory statement about another
2. Sending a defamatory letter to the plaintiff in a language supposed to be known to the plaintiff
3. The husband writing a letter to his wife containing some defamatory aspersions concerning her father
4. When a libelous letter addressed to the plaintiff is, in the ordinary course of business, opened by his clerk
Select the correct answer using the given below:

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