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Law of Torts

Practice Test 7

1 / 100

The rule of strict liability is applicable

2 / 100

The doctrine of vicarious liability applies when there is a

3 / 100

In Donghue v. Stevenson, the duty of manufacturer was stated to be

4 / 100

The case Ashby v. White recognized the principles of Ubi jus ibi remedium. It followed:-

5 / 100

Which one of the following definitions correctly reflects the nature of Tort?

6 / 100

The doctrine of alternative danger was illustrated in

7 / 100

After flood, floor of a factory became slippery as some oily substance got mixed with water. The owners of the factory (defendants) took steps to get rid of the effects of flood and spread all the sawdust available with them on floor. But some oily patches remained uncovered due to lack of further supply of sawdust. A, a worker in the factory (plaintiff), slipped from one of such oily patches. He sues the defendants for damages. Which of the following is correct?

8 / 100

Which of the following defences are available to an action for defamation?

9 / 100

The maxim ‘injuria sine damno’ has been explained in

10 / 100

Tort of defamation is divided into libel and slander in

11 / 100

Which one of the following is not an exception to the rule of volenti non fit injuria?

12 / 100

Identify the incorrect statement

13 / 100

An accident is ‘one out of ordinary’ course of things, something so unusual as not to be looked for by a person of ordinary prudence’, is said to be

14 / 100

Ineffectual/invalid defence or in an action for nuisance

15 / 100

X bought a bottle of soft drink and poured one half of contents in a glass and drank It. When she poured the remaining contents a decomposed body of snail floated above. X became sick and claimed damages against the manufacturing company.

16 / 100

In case of damage caused by escape of ferocious animals the person having control will be liable for any damage caused:

17 / 100

Maxim ‘Damnum sine injuria’ means

18 / 100

The defendant Board had the statutory power to repair sea walls but was under no duty to do so. A high tide broke the sea wall and flooded the plaintiff’s land. The Board sent an inexperienced man with poor equipment and the repair work took almost six months to complete. It was proved that with reasonable skill it could have been completed in about two weeks. The defendant is:

19 / 100

A’ hires a car on rental from ‘B’ at Kolkata for going to Varanasi. ‘A’ takes the car but rides to Bhubaneswar instead. On the way to Bhubaneswar, the car met with an accident. ‘A’ is liable to pay compensation for

20 / 100

In India an action of slander may be maintained without proof of special damage in some cases. Identify in which of the following cases proof of damage is necessary?

21 / 100

Which one of the following factors is important while considering as to whether the defendant has acted as a reasonable person?

22 / 100

Last opportunity rule is

23 / 100

A, without any provocation, makes a false statement in a gathering that B is suffering from AIDS. Here A is:

24 / 100

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

List I (Rules/Maxim)
List II (Case)

a. Neighbour Principle
1. Davies vs. Mann

b. Last Opportunity Rule
2. Byrne vs. Boadle

c. Res ipsa loquitur
3. Mathews vs. London Stree Tramsways Co.

d. Doctrine of Identification
4. Donoghue vs. Stevenson

5. Ashby vs. White

25 / 100

In which case following facts were given: The defendants employed independent contractors to construct a reservoir on their land which was separated from the plaintiff’s colliery by intervening land. Unknown to them beneath the site of the reservoir, there were some disused shafts connecting their land with the plaintiff’s mine. The independent contractors were negligent in failing to discover this. Water from the reservoir burst through the shafts and flooded the plaintiff’s mine. The defendants were held personally liable, despite the absence of blame in themselves

26 / 100

In which case the following observation was made by Justice Hankford: “Damnum may be abseque injuria, as if I have a mill and my neighbour builds another mill whereby the profit of my mill is diminished. I shall have no action against him, although I am damaged . . . . . . . . but if a miller disturbs the water from going to my mill, or does any nuisance of the like sort, I shall have such action as the law gives”.

27 / 100

‘Distress damage feasant’ means

28 / 100

Special damage has got to be proved in an action for

29 / 100

Assertion (A): A defamatory talking film is a libel.
Reason (R): A photographic part of a film is a permanent matter to be seen by the eyes.

30 / 100

The vicarious liability arising from relation is:-

31 / 100

In an action for trespass by possessor, the defendant

32 / 100

Mogul Steamship Co. v. McGregor, Gow and Co. (1892) AC 25 belongs to which of the following maxims?

33 / 100

Qui facit per alium facit per se, a maxim in law of tort, is related with which act of tort?

34 / 100

Which of the following is not a valid defence in Torts?

35 / 100

While D was on a drive in his two horse carriage, a dog barked and pounced on the horses, thereby the horses got scared and became unmanageable and injured P, a pedestrian. P sued D. What defence is available to P?

36 / 100

To be false imprisonment, restraint on freedom of movement should be total. Which of the following is correct in this respect?

37 / 100

Contributory negligence is a:

38 / 100

Nuisance’ as a tort was defined as “unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it” by

39 / 100

In “Negligence”, a defendant can take the defence of

40 / 100

The Supreme Court allowed compensation of Rs. 23.84 lakhs and later allowed additional compensation of Rs. 47 lakhs to the farmers whose crops got damaged, being irrigated by subsoil water drawn from a stream which was polluted from untreated effluents of 22 industries. It was decided in the case of:

41 / 100

‘A’ gave some cash and cheques to his friend ‘B’ who was an employee of the State Bank of India, to deposit the same in the Bank in the account of ‘A’. ‘B’ misappropriated the amount. If ‘A’, ‘B’ misappropriated the amount. If ‘A’ sues the Bank for damages, then the Bank is:

42 / 100

The Supreme Court in which of the following case held that where pregnancy occures despite of sterilisation operation, compensation can be awarded only if failure of operation is attributable to the negligence of doctor and failure due to natural causes do not provided ground for claiming compensation.

43 / 100

Volenti non fit injuria is

44 / 100

In which of the following cases, it is not nuisance?

45 / 100

Which of the following is true about the test of directness to determine remoteness of damage?

46 / 100

Railway authorities allowed a train to be overcrowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the most appropriate answer.

47 / 100

Rule of res ipsa loquitor relates to Tort of:

48 / 100

Bhopal Gas Tragedy is one of the biggest industrial disasters in the world. The Supreme Court delivered justice to the victims in Union Carbide v. Union of India case. The names of the judges are

49 / 100

Rule of strict liability implies

50 / 100

Rule of Foreseeability Test’ for damages in the law of torts was laid down in

51 / 100

A civil action for trespass to real property is sustainable

52 / 100

Consider the following statements:
1. In tort, the duty is towards specific person
2. The nature of the wrong is similar in tort and crime
3. In tort, the duty is primarily fixed by the parties
4. The general remedy in tort is an action for injunction
Which of the above statements is/are correct?

53 / 100

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

54 / 100

The specialized defences to an action for defamation are

55 / 100

The offence of “public nuisance” is punishable under

56 / 100

The test of reasonable foresight in determining the remoteness of damages was first applied in

57 / 100

The nature of joint tort feasors liability is

58 / 100

Which of the following tort is an exception to the rule of irrelevance of motive in the law of Torts?

59 / 100

Which of the following remedies are available in an action in the tort of nuisance?
1. Abatement
2. Injunction
3. Specific restitution
4. Action for damages
Select the correct answer using the given below:

60 / 100

X wants to purchase Y’s car and drives it to test it with Y seated by his side. Because of X’s negligence an accident occurs and “Z” is injured. Z sues Y for damages. In this case:

61 / 100

In what branch of, law does the principle ‘res ipsa loquitor’ applies?

62 / 100

The primary aims of the law of damages is to:

63 / 100

The maxim ‘res-ipsa loquitur’ is a

64 / 100

Which one of the following is a ground for rejection of defence of fair comment in the tort of defamation?

65 / 100

Which out of the following persons is an exception who cannot sue for tort?

66 / 100

Non-pecuniary loss includes the following heads of damage:

67 / 100

Which of the following is breach of absolute right, actionable per se?

68 / 100

X was using Y’s garage for parking his car. One day when Y’s servant M was transferring some petrol from a drum to another car, he struck a match to light his cigarette and threw the lighted match stick on the floor which caused fire in the garage and Y’s car was gutted. X sued Y for damages for the negligence of his servant.

69 / 100

Tort is a civil wrong

70 / 100

X’ and ‘Y’ are on a morning walk with their dogs. ‘Y’s dog is ferocious. ‘Z’ is also on a morning walk. The dogs, of ‘X’ and ‘Y’ suddenly start fighting and approach ‘Z’. Frightened by the dogs, ‘Z’ tries to step a side and is injured in the process. Consequently:

71 / 100

Principle: Negligence as a tort is the breach of a legal duty to take care which resulted in damage, undesired by the defendant, to the plaintiff.
Facts: Plaintiff slipped into a pit filled with rain water. While slipping he caught hold of a nearby electricity pole to avert the fall. Due to leakage of electricity in the pole, he was electrocuted. Can the Electricity Board be held liable?

72 / 100

For the defence of Volenti non fit injuria’ all, but one, should be proved concurrently

73 / 100

Electricity constitutes

74 / 100

In which of the following cases, Justice Kennedy’s limitation to the claims relating to nervous shock that “the shock must have been due to fear of immediate personal injury to oneself” was rejected?

75 / 100

Test of directness for determining the remoteness of damage has been applied in

76 / 100

Who gave the ‘Pigeon-hole’ theory in defining tort?

77 / 100

The maxim ex turpi causa non oritur action implies & means

78 / 100

Consider the following statements in regard to institute a case of malicious prosecution:
1. The proceeding must have been instituted by the defendant.
2. The proceeding must have terminated in favour of the defendant.
3. The defendant must have acted without reasonable and probable cause.
4. The defendant must have acted maliciously.
Which of the statements given above are correct?

79 / 100

Which one of the following statement is correct?
For the tort of false imprisonment

80 / 100

While dealing with the liability of an enterprise engaged in inherently dangerous activity, the Supreme Court laid down the rule of ‘absolute liability’ in-

81 / 100

A building was erected by the defendant which caused diminution of light to two ground floor windows of the plaintiffs house. Subsequently electric lights were always needed in the place. An action for damages can be brought on the ground:

82 / 100

Who coined the term ‘Compensatory Discrimination’?

83 / 100

Injuria Sine Damnum relates to cases where there is:

84 / 100

Which of the following is a better definition of tort? Tort is a

85 / 100

Volenti non fit injuria is a defence under the

86 / 100

The rule of strict liability is contained in

87 / 100

Prosecution’ under tort of ‘malicious prosecution’ means

88 / 100

The occupant of dangerous premises owes a duty

89 / 100

Principle: A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers to. Defamation is of two kinds-
(1) Libel, when the defamatory statement is in some permanent and visible form and
(2) Slander, when it is in some trasitefy form, visible or audible. Libel is actionable per se, but slander is actionable only on proof of actual damage.
Factual Situation: A person accused of a crime is arrested by the police. The police give an open statement that the suspect had an extra-marital affair. It is subsequently proved in court that the suspect was innocent of the crime. Will the accused succeed if he files a civil suit for defamation, claiming compensation against the police?

90 / 100

For the tort of defamation, the presence of malice destroys

91 / 100

Which of the following cases is an authority on “rescue cases” – an exception to maxim volenti non fit injuria?

92 / 100

Dr. Abrath v. North-East Railway Co., 1886 AC is a case which is related with the torts of

93 / 100

In which one of the following cases did the Supreme Court of India give a ruling that sovereign immunity of the State is subject to the fundamental rights?

94 / 100

The liability of a master for acts of his servant in Law of Torts is called-

95 / 100

(1) Every wrongful act for which there is no justification or excuse be treated as tort
(2) Only a number of specific wrongs beyond which the liability under this branch of law cannot arise

96 / 100

Which doctrine affords a good defence to a master when sued by a servant

97 / 100

Which one of the following statements is not correct?
Tort is

98 / 100

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 damage. B claimed damages from A.

99 / 100

B’ was under the regular employment of ‘A’ as a driver of his mobile crane. He let the crane together with ‘B’ as driver to ‘C’. In the course of loading a ship, ‘X’ was injured by negligent working of the crane by ‘B’. At the time of the accident ‘C’ had the immediate control and direction of the operations to be executed. The working of the crane and the manipulation of its control, however, remained with ‘B’, In a suit by ‘X’ against ‘C’, is:

100 / 100

Shock must be such as arises from reasonable fear of immediate personal injury to oneself was held in

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