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Law of Torts

Practice Test 5

1 / 100

Internalization of externalities is associated with

2 / 100

Which of the following statement/statements is/are correct? Give correct answer by using the given below:
(1) Tort is a civil wrong for which remedy is a common law action.
(2) Tort is exclusively a breach of contract or breach of trust.
(3) Tort is an infringement of a right in rein of a private individual.
(4) Tort is violation of a legal duty owed to people generally for maintenance of law and order.

3 / 100

Volenti non fit injuria is a:

4 / 100

The act of God is:-

5 / 100

In which case following rule was laid: “We think that the true of law is that the person who for his own purposes brings on his lands and keeps there anything likely to do mischief if it escapes, must keep it in 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. He can excuse himself by showing that the escape was owing to the plaintiff’s default; or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient”.

6 / 100

Which of the following is not an ingredient to constitute ‘negligence’?

7 / 100

Tort is a word of

8 / 100

If a person is a victim of an offence under Indian Penal Code and such offence is also a tort, e.g., in the case of defamation, negligence, nuisance etc., such a person can seek remedy through.

9 / 100

Principle: An occupier or owner of land owes a duty to warn a suspected trespasser of deadly conditions on the land which would be hidden to a trespasser, but of which the property owner is aware.
Factual Situation: Shiva, the owner of a Fire Cracker Factory owned a large plot of land, which he used for testing his crackers. One day while he was about to set fire to some special crackers, he noticed some children wandering on his land. Shiva did not pay any attention to the children as according to him they were trespassers. He set fire to the test crackers. One of the crackers which was supposed to ignite a series of crackers up in the sky at a height of 100 metres, did not burst in the sky. Instead, it fell to the ground and exploded, injuring one of the children. In a suit for compensation initiated by the parents of the injured child, how would you decide?

10 / 100

A University has given a contract to Engineers Co. (P) Ltd. to construct its Campus Building. The company engages sub-contractors; One of the sub-contractors engages one hundred workers on rate- contract basis, A being one of them. The University Engineering Department has reserved the right of inspection and advising accordingly. A, while working on the structure, negligently has a fall fracturing his legs that confines him for six months. A is entitled to compensation from:

11 / 100

Which of the following is not a defense to strict liability?

12 / 100

In Smith v. Baker, the plaintiff, a servant of the defendants, Railway contractors, was employed in drilling holes in a rock cutting, and was aware of the danger caused by a crane continually swinging crates of stone above his head. A stone fell out of a crate and injured him. He brought an action of negligence against the defendants who pleaded volenti non fit injuria. It was held that

13 / 100

For a party to be vicariously liable the relationship should be that of

14 / 100

Defamation by spoken words or gestures is known as-

15 / 100

The maxim ‘Damnum sine Injuria’ means

16 / 100

The absolute liability

17 / 100

Whether a person can be said to be under false imprisonment?

18 / 100

Under the Law of torts, malice means

19 / 100

In which of the following cases distinction between sovereign and non-sovereign functions was made:-

20 / 100

Essentials of tort of nuisance excludes

21 / 100

To be guilty of contributory negligence, the person:-

22 / 100

Making fair comment on matters of public interest is

23 / 100

Slander is the publication of a defamatory statement in a

24 / 100

In the wrong of negligence there is breach of

25 / 100

A car mechanic was employed by his master, the defendant, to repair cars. He repaired ‘a car and then drove the car for a sort distance to check whether he had repaired the car properly or not’. In the process, he caused an accident injuring the plaintiff the master is:

26 / 100

What was the rule laid down by the Privy Council in “Wagon Mound” case?

27 / 100

A manufacturer of ginger beer had sold to a retailer, bottles of ginger beer in opaque bottles. The retailer sold one such bottle to ‘A’ who gave to his girl friend which contained the decomposed remains of a dead snail. The lady alleged that she became seriously ill on consuming a portion of the contents from the said bottle.
Which one of the following conclusions is correct as to the liability in law of torts?

28 / 100

State in which of the following cases, it amounts to nuisance?

29 / 100

The plaintiff, a bullion merchant; was arrested by the police on a charge of purchasing stolen goods. Gold and silver ornaments were seized from the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted, brought an action against the State for compensation. In this case compensation is:

30 / 100

Fair comment is a recognized defence against a suit for defamation. It is essential that

31 / 100

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

List I (Principal)
List II (Associated Case)

a. Negligence
1. Tolleys v. J. S. Fry & Sons

b. Scienti non fit injuria
2. Grant v. Australian Knitting Mills

c. Defamation
3. Smith v. Leech Brain & Co. Ltd.

d. “Eggshell Skull” Rule
4. Smith v. Baker

32 / 100

The degree of cogence need not reach certainty but it must carry a high degree of probability.’
As per the statement answer using as to in which of the situations, in sequential order the principle of natural justice is applied:
(1) Alibi
(2) Self-incrimination
(3) Presumption of innocence
(4) Strict liability
Sequence of order:

33 / 100

What one of the following statements is incorrect?

34 / 100

The duty under the law of torts is

35 / 100

Match List I with List II and select the correct answer from the given below the lists:

List I
List II

a. General offer
1. Offer to invite offers

b. Invitationto treat
2. ‘Offers at large’

c. Standing offer
3. Identical offers crossing each other

d. Cross offer
4. Tender

36 / 100

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

37 / 100

The term ‘Scienter’ is related to which one of the following sign-boards?

38 / 100

The plaintiff instructed his Banker to deposit excise duty on his behalf in the Govt. treasury and debit the current account of plaintiff. The Bank deposited the said sum in the treasury. Later the plaintiff came to know, that the said amount was embezzled by the Treasurer and the Accountant of the treasury and the amount was not credited in the name of the plaintiff. If the plaintiff brings an action against the State for damages then the State is:

39 / 100

Choose the correct statement
Under Indian law

40 / 100

A labour was taken to a police station for doing some work. When he demanded wages he was severely beaten, as a result of which he died. Is the state liable to pay damages?

41 / 100

Which one of the following is not an example of vicarious liability?

42 / 100

With reference to the act of conversion, response which one of the following is incorrect

43 / 100

The defendants by digging a coalpit in the land intercepted the water which affected the plaintiffs well at a distance of about one mile. The plaintiff brought a suit for a damages against the defendants.
Which one of the following maxims is applicable in the aforesaid case?

44 / 100

Breach of . . . . . . . duty to take care is called . . . . . . .

45 / 100

An action for breach of duty lies alternatively in contract or in tort in case of

46 / 100

A Magistrate in making a report to the superior casts an imputation on the character of a person Z in goods faith and for public good.
Which of the following defence is most appropriate?

47 / 100

Which of the following statements are correct:

48 / 100

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

49 / 100

Defence of “Act of god” is available if the event resulting in damage is:

50 / 100

Which of the following is not correct about joint wrong doers? Two persons are joint wrongdoers when

51 / 100

All persons have the capacity to sue and be sued in tort except

52 / 100

The maxim “Injuria non excusat injuriam” means:

53 / 100

Under the doctrine of vicarious liability which one among the following is correct?

54 / 100

Does obstruction to light and air constitute private nuisance?

55 / 100

Joint tort feasers

56 / 100

In case of independent tort feasors

57 / 100

The liability for malicious prosecution arises when the proceedings are instituted before

58 / 100

In a case of false imprisonment:

59 / 100

A standard used to determine negligence is that of

60 / 100

The damages given in an action of torts which are intended to redress the lossl injury caused to the victim are called-

61 / 100

The rule of ‘strict liability’ propounded in the case of Rylands v. Fletcher is not applicable:

62 / 100

Which of the following requirements form an essential element of ‘course of employment’ in cases of vicarious liability?
The servant’s act must be:
1. Expressly or impliedly authorised by the master
2. Unauthorised manner of doing something which is authorised by the master.
3. Done to protect the interest of the master
4. Necessarily incidental to something which the servant is employed to do.
5. Done for the benefit of the master.
Select the correct answer using the given below:

63 / 100

Damages is

64 / 100

In which among the following cases malice becomes relevant to determine a person’s liability in law of torts. Answer by using below:
(1) Malice may result in aggravation of damages
(2) It torts of deceit and conspiracy one of the essential is malice
(3) When act is lawful, intention can be gathered from past circumstances
(4) Causing of personal comfort by lawful means may tum lawful act into a tort

65 / 100

Which one of the following statement is not true of conspiracy as a tort?

66 / 100

A took an electric tandoor from B & Co. on rent. In the rent agreement there was a clause to the effect that the Co. shall not be liable for any personal injury to the hirer or to any other person while using it. However, due to defect in tandoor, a cook was injured. The cook brought an action against B & Co.

67 / 100

Which of the following is the exception to the rule of strict liability?

68 / 100

Nuisance means:-

69 / 100

In the law of torts, the remedies available are:-

70 / 100

Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer using the given below.
Assertion (A): In the matters of absolute privilege, no action lies for the defamatory statement even though the statement is false or has been made maliciously.
Reason (R): Whether a statement is defamatory or not depends upon how the right thinking members of the society are likely to take it.

71 / 100

For the defence of volenti non-fit injuria, it is necessary that

72 / 100

Principle: An enterprise which is engaged in a hazardous or inherently dangerous activity which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding area owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of his activity.
Facts: A poisonous gas leaked from the storage tank of fertilizers manufacturing industry of defendant due to a wind storm resulting in serious breathing problems and eye injuries to ‘A’ and ‘B’ who were working in the factory and ‘C’ and ‘D’ who were residing in the surrounding area.

73 / 100

Defamation by writing is called

74 / 100

The maxim de minimis non curat lex means:

75 / 100

When an agent commits a tort in the performance of his duty as an agent, the injured party can

76 / 100

Consider the following statements related with the liability for a joint act:
1. The joint tort-feasors may be sued jointly or severally
2. Damages may be levied on all or either
3. The joint tort-feasors can claim contribution
Which of the statements given above are correct?

77 / 100

PRINCIPLE: A person is liable for all the injurious consequences of his careless act.
FACT: Ram, a snake charmer, was exhibiting his talents to the group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.

78 / 100

Read the following statements and state where the principles of joint liability is applied instantly flowing from mens rea?

79 / 100

Who propounded the objective theory of negligence?

80 / 100

Due to negligence of railway authorities, there was a major train accident. On hearing and seeing the news of the accident on TV, mother of one of the passengers travelling in the train sustained severe shock resulting in heart attack. She claimed damages from the railways for the shock she sustained. Which one of the following is the correct statement? Railway authority is not liable as:

81 / 100

The traditional test for determining the relationship of master and servant is

82 / 100

Consider the following statements:
For defamation the plaintiff has to prove that the imputation is false and malicious. In this context malicious means:
1. With evil motive.
2. Withoutjust cause and excuse.
3. Afactor relevantin assessment of damages.
4. An irrelevant plea of defamation.
Which of the statement given above is/are correct?

83 / 100

Damages Suffered due to tortious act is redressed by claim for

84 / 100

C, a stranger blocked the water pipes of a wash-basin and opened the tap. The wash-basin was otherwise in the control of the defendant B. The overflowing water damaged the plaintiff goods. Thereupon the plaintiff filed a suit for damages against the defendant B. C was not made a party.
In the aforesaid suit which one of the following conclusions is correct?

85 / 100

The Latin word ‘Res Ipsa Laquitur’ means:

86 / 100

Under the vicarious liability, the liability is

87 / 100

Damnum sine injuria in Tort Law means:

88 / 100

Winfield defined ‘tort’ as

89 / 100

The maxim Ubi Jus ibi remedium means:

90 / 100

Consider the following statements:
In case of joint publication of defamatory statement:
1. A corporation is liable for the malice of its agent.
2. The proprietor of a newspaper is liable for the malice of the editor.
3. A lawyer is liable for the malice in the notice issued under the instructions of his client.
4. The employer is liable for the malice of a typist who types a defamatory letter as dictated by his employer.
Which of the statements given above are correct?

91 / 100

Damnum sine injuria is a maxim pertains to

92 / 100

Which of the following statements relating to the tort of conspiracy is/are correct?
1. It consists of an agreement.
2. It consists of forming a combination with the purpose of causing damage.
3. Damage suffered by the plaintiff must be proved.
4. The gist of conspiracy in tort is an agreement alone.
Select the correct answer using the given below:

93 / 100

Which of the following is an element of strict liability in tort?

94 / 100

Libel is a publication of a defamatory statement in a

95 / 100

Which of the following is an extrajudicial remedy?

96 / 100

Which one of the following is not a libel?

97 / 100

A’ threatened to commit suicide ifhis wife did not execute a sale deed in favour of this brother. The wife executed the sale deed.

98 / 100

‘Tort’ which is derived from the Latin term tortum is

99 / 100

When two persons coming from opposite directions in their cars collide with each other and in that process, they injure seriously a person standing on the roadside, the two motorists are:

100 / 100

Which statement is correct?

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