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Law of Torts

Practice Test 6

1 / 100

Which of the following statement is incorrect:

2 / 100

Where a person willfully and without any justification is dealing with the goods in such a manner that another person, who is entitled to its immediate use and possession of the same, is deprived of that, is known as

3 / 100

In Tort, what is ‘vicarious liability’?

4 / 100

The propounder of “Pigeon-hole theory” is

5 / 100

When two or more persons are responsible for common damage

6 / 100

In which of following cases originator of defamatory statement will be liable for the damage resulting from repetitive publication by third persons? Answer by using below:
(1) He himself authorized repetition
(2) Repetition was the natural and probable consequences of his act
(3) There was immoral obligation on the person in whose presence the slander was made to repeat it
(4) There was moral obligation on the person in whose absence the slander was made to repeat it

7 / 100

The meaning of the maxim ‘Injuria sine damnum’is:-

8 / 100

Under the Law of torts, the damages are

9 / 100

Throwing filth into the neighbour’s compound amounts to tort of

10 / 100

Donoghuve v. Stevenson is a case relating to the issue of

11 / 100

No action for defamation lies in cases of

12 / 100

The maxim ‘Actus curiae neminem gravabit’ means:

13 / 100

The ‘act of God’ or ‘Vis major’ is

14 / 100

Although, prima facie and as a general rule, there must be a mind at fault before there can be a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter and may be so framed as to make an act criminal whether there has been any intention to break the law or otherwise to do wrong, or not,’ This was held in

15 / 100

A woman was alighting from a tram car when a speeding reckless motorcyclist collided with a motor car little away in the centre of the road. In that collision the negligent motorcyclist was killed on the spot. The woman heard the bang and saw the blood on the road thought not the body of the injured man. She was in an advanced stage of pregnancy. Due to the nervous shock sustained by her, she gave birth to a still born baby. She sued the representatives of the motorcyclist to recover damages. Which one of the following propositions is correct as decided in a leading case?

16 / 100

‘Respondent Superior’ means:

17 / 100

What is the basis of a ‘Duty’ for Tort of Negligence:

18 / 100

A gives some money to B, his neighbour, who is a cashier in the State Bank of India, to deposit the same in the bank account of A, B misappropriates the money. In this case the bank is:

19 / 100

‘A’ lent his lorry and the driver to ‘B’ for a few days on B’s request for his daughter’s marriage and for which ‘B’ recurred the lorry along with driver. While acting under the orders of ‘B’ the driver drove negligently and caused an accident resulting in injuries to the plaintiff. In the case:

20 / 100

“In the modern sense, the distinction between sovereign or non-sovereign power does not exist.” In which case this statement was made in relation to ‘Vicarious liability of the State’?

21 / 100

For an action in torts-

22 / 100

For the application of the defence of volenti non fit injuria it is sufficient if:

23 / 100

Why most of the cases of ‘Tort actions against doctors and medical clinics’ negligence tend to ultimately fail in the Courts in India, because:

24 / 100

Tort is a violation of

25 / 100

Principle: Defamation is the publication of a statement resulting in injury to the esteem or regard in which one is held by others.
Facts: ‘A’ invited his friend ‘B’ to his house for dinner. While the two were having dinner, ‘B’ made certain unwanted comments about the married sister of ‘A’. Frustrated, ‘A’ started abusing ‘B’ and also said that he is a womanizer and a cheat and has misappropriated huge funds of his employer.
‘B’ sued ‘A’ for damages.

26 / 100

There was a slaughter house in a locality. X took a house there to live in. The slaughter house was a great nuisance. X sued for damages
Which of the following is correct in this respect?

27 / 100

M. C. Mehta v. Union of India, AIR 1987 SC 1086 is a decision on

28 / 100

Principle: When a statute authorizes the doing of an act, which would otherwise be a tort, the party injured has no remedy except the one, if any, provided by the statute itself. The act done in pursuance of statutory power must be done without negligence.
Facts: Delhi Metro Rail Corporation (DMRC) is authorized by a statute to build and run metro rails oh the specified routes in Delhi. One of the pillars of the metro line collapsed causing death of five persons. It was found that the pillar collapsed because the engineer has not properly inspected it. Dependants of the deceased claimed damages from Delhi Metro Rail Corporation (DMRC).

29 / 100

Which of the following pair is correctly matched?

30 / 100

Consider the following statements:
1. Defamation is the publication of false statement intending to lower down the person in the estimation or right thinking members of the society.
2. Any word will be deemed defamatory which cause the plaintiff to be shunned or avoided by his neighbours.
Which of the statements given above is/are correct?

31 / 100

Which one of the following correctly identifies the remedies available to the victim in case of private nuisance?

32 / 100

Which of the following cannot pertain to the tort of nuisance?

33 / 100

The liability of independent tort feasors

34 / 100

Ashby v. White is a leading decision explaining the maxim of:

35 / 100

An army truck driven by an army driver, while going to check the armymen on duties, hit X, a pedestrian, and injured him seriously on account of rash and negligent driving. M sued the Government of India. The defence was a sovereign functions.

36 / 100

Basically tort is a species of

37 / 100

For the tort of ‘false imprisonment’, there should be

38 / 100

During rainy season there is water logging in many-areas of a city. The dirty water remains for months because of faulty drainage. The water causes hard-ships and diseases. Which one of the following correctly describes the reason for the disposal of the case?

39 / 100

Assertion (A): In an action for malicious prosecution it must be proved that the defendant had initiated criminal proceeding maliciously and without reasonable and probable cause.
Reason (R): Action for malicious prosecution is instituted in criminal court

40 / 100

The plaintiff, a lady visitor to a restaurant, was injured by the ceiling fan which fell on her. The reason for the falling of the fan was a latent defect in the metal of the suspension rod of the fan. In an action against the defendant, he is:

41 / 100

Objective theory of negligence was given by

42 / 100

Liability in the law of tort depends on:-

43 / 100

“Where an inn-keeper seizes the goods of his guest, who has failed to pay his bill, there is an acquisition of possession against the will of previous possessor, but it is a rightful taking of possession . . . . where a thief steals a watch, this is still an acquisition of possession against the will of the true owner, but it is wrongful i.e. not in pursuance of legal right.” This statement was given by-

44 / 100

The ‘standard of care’ generally used in case of negligence is:

45 / 100

Tort is a special branch of Law which originated in

46 / 100

Mogul Steamship Co. v. MacGregor, 1892 AC is a case which is related with the torts of

47 / 100

Which one of the following is the gist of the cause of action for tort of conspiracy?

48 / 100

In negligence, the duty of care is measured by

49 / 100

Which of the following is a correct definition of trespass to land?

50 / 100

Malice in law means

51 / 100

The presence of malice destroys

52 / 100

In a well-known English case Rylands v. Fletcher, (1808) LR 3 HL 330, the principle of strict liability was propounded. The principle was developed into principle of absolute liability in a case by the Supreme Court. Name the case

53 / 100

In India, the defence of common employment

54 / 100

In case when two persons are negligent and one of them who had the later opportunity of avoiding the accident by taking ordinary care, should be liable for the loss-the rule is named as

55 / 100

An action for cattle trespass can be brought by

56 / 100

In which of the following cases it is not nuisance:

57 / 100

Assertion (A): Government cannot be held liable for the torts committed by its servants.
Reason (R): A master is liable for the torts committed by his servant in the course of his employment.

58 / 100

The word ‘Tort’ implies . . . . . . . . which is twisted or tortious

59 / 100

Which of the following is essential to prove the tort of nuisance?

60 / 100

A person aiding a party in civil proceedings by pecuniary assistance or otherwise, without lawful justification is committing a tort of

61 / 100

For application of the rule of strict liability, which of the following essentials is required?

62 / 100

Motive or state of the mind of tortfeasor is irrelevant in the torts of

63 / 100

Which one of the following is not a remedy of private nuisance?

64 / 100

A opens a coaching class in front of B’s coaching class. Majority of the students of B shift to A. The situation will be governed by which one of the following principles

65 / 100

Which one of the following is valid defence in an action for defamation?

66 / 100

Act of State

67 / 100

The principle of privity of contract was held to be not applicable in an action for tort in

68 / 100

While obtaining the consent of the promise, keeping silence by the promisor when he has a duty to speak about the material facts, amounts to consent obtained by:

69 / 100

Y purchases a bottle of cold drink from a retailer. The bottle was contaminated and Y fell ill after drinking it. Y brings a suit for damages against the manufacturer of the cold drink. Y will

70 / 100

Damages awarded for tortious liabilities are-

71 / 100

Principle: Tortfeaser must take his victim as he finds him.
Facts: ‘A’, though directly 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?

72 / 100

Which of the following legal propositions are correct?
1. A person can claim damages even if he has suffered no loss.
2. A person can claim damages for such wrongs which are caused intentionally.
3. A person can claim damages for a wrong if it is caused by infringement of his legal right.
Which of the statement given above are correct?

73 / 100

A transport company issued a circular to all its drivers that they should not compete or obstruct other buses plying in the route. Driver A, in contravention of the express prohibition, obstructed another bus and while doing so met with an accident in which B was injured.

74 / 100

The principle ‘ubi jus ibi remedium’ was recognised in

75 / 100

An action in tort would not lie unless there is violation of rights of somebody even if damages have been caused. This is expressed by

76 / 100

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

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

a. Rylands v. Fletcher
1. Compensation for pain & suffering

b. Donoghue v. Stevenson
2. Loss caused by competition in business

c. Gloucester v. Grammer School
3. Strict liability

d. Rose v. Ford
4. Liability of minor for torts

5. Liability for negligence

77 / 100

Match the incorrect entries.

78 / 100

The word “nuisance” is derived from:

79 / 100

Which one of the following is not an essential element in a suit for damages for malicious prosecution?

80 / 100

The decision in Ashby v. White Furthers

81 / 100

The defendant wrongfully enclosed a part of the public footway on Hammersmith Bridge, put seats in it for the use of spectators of a regatta on the river and charged for admission to the enclosure. The plaintiff insisted on passing along this part of the foot path and climbed over the fence of the enclosure without paying the charge. The defendant refused to let him go forward, but he was told that he might go back into the carriage way and cross the other side of the bridge if he wished. If the plaintiff declined to do so and remained in the enclosure for half and hour, then the:

82 / 100

Whether the maxim ‘Res ipsa loquitur’ is a:-

83 / 100

The rule of Strict Liability was first laid down by:

84 / 100

Which one of the following is not an essential element of the defence of fair comment in tort of defamation?

85 / 100

Maxim injuria sine damno means

86 / 100

Which of the following statement/s is/are correct? Answer by using the below:
(1) In tort duty is imposed by law and is owed to the community at large
(2) A tort is founded upon consent of parties
(3) A tort is civil wrong for which the remedy is a common law action for liquidated damages
(4) In tort ‘motive’ for the violation of right is immaterial.

87 / 100

A unlawfully locks B in a room, B can open the door from inside the room also as he has a duplicate key in his possession. B however, forgets that he has a key and as a result remains locked in for two hours after which A comes back and opens the room, A is:

88 / 100

Principle: A person who voluntarily takes a decision to do something after appreciating the risk involved in such act and then receives an injury, will not be entitled to get any compensation.
Facts: ‘X’, an electrical engineer, was invited by his friend ‘Y’, to the factory where he was employed. While they were in the factory, ‘Q’ a worker in the factory informed ‘Y’ about some short-circuit in the power room. Hearing this, ‘Y’ asked ‘X’ to stay in the office room and rushed to the power room. ‘X’ however, decided to follow ‘Y’. ‘X’ noticed that if the power supply through a particular electric line could be disconnected, the electrical leakage could be stopped which would prevent further damage. Suddenly ‘X’ decided to pullout the wire manually even though it was risky. This resulted in a blast in which both ‘X’ and ‘Y’ got injured. ‘X’ had to spend Rs. 1 lakh at the hospital for his treatment. ‘X’ wants to file a suit for compensation from the management of the factory. Will he succeed?

89 / 100

Which is correct. In tort

90 / 100

When two or more persons commit some tort against the same person they are

91 / 100

Ordinary damages are also called:-

92 / 100

The defence of volenti non fit injuria, is not available

93 / 100

The maxim qui facit per alium facit per se means

94 / 100

Liability for libel depends on

95 / 100

To constitute the tort of nuisance, the essentials are

96 / 100

Which of the following is just standard to make out a case of nuisance causing personal discomfort?

97 / 100

For defamation, a tort

98 / 100

Read Assertion (A) and Reason (R) and answer by using the given below:
Assertion (A): Negligence means a conduct which creates a risk of causing damage, rather than a state of mind.
Reason (R): It is safe to start a bus before passengers completely get into it.

99 / 100

The principle aims of law of torts are
(1) Compensation of victims
(2) Deterrence of wrong doers
(3) Restoration of original position
(4) Punishment

100 / 100

Two or more persons may become joint wrongdoers
(1) By committing a tort in concert, or in pursuance of an unlawful conspiracy
(2) By the principal of vicarious liability
(3) When they act independently but their acts cause the same damage

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