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Law of Torts

Practice Test 8

1 / 100

Match the following

a. Negligence
1. Rylands v. Fletcher

b. Strict Liability
2. M. C. Mehta v. Union of India

c. Absolute Liability
3. Glasgow Corporation v. Muir

d. Nervous Shock
4. Bourhill v. Young

2 / 100

Hazardous activities that attract absolute liability are those activities, which are

3 / 100

The difference between the maxims injuria sine damno and Damnum sine injuria lies in the fact that-

4 / 100

The careless operations of railways that led to fire in the bogie standing in the platform attracted a few public spirited rescues standing on the platform to rush in to extinguish the fire. In the course of rescue operation a rescuer was gravely injured. Can he bring tort action against the railways?

5 / 100

Which of the following cases is related with the torts of joint-tort feasors?

6 / 100

A’ had only one good eye. He was employed by ‘B’ on a work in which some risk to the eye by injury was clear. However, the risk was not so great as to necessitate supply of protective goggles to the workmen with both eyes good. ‘B’ knew the fact that ‘A’ had only one good eye but did not supply protective goggles to ‘A’ because no other workman was supplied with protective goggles. During the course of employment, the good eye of ‘A’ was injured. ‘A’ brought an action in tort.

7 / 100

Salmond has defined ‘tort’ as

8 / 100

Which of the following is a leading case on trespass ab initio?

9 / 100

Read Assertion (A) and Reason (R) and answer by using below:
Assertion (A): According to the ‘law of tort’ every wrongful act for which there is no justification or excuse to be treated as a tort.
Reason (R): Theory of ‘pigeon-hole’ was propounded by Salmond.

10 / 100

The liability for Tort arises on:
1. Violation of a right in rem.
2. Violation of a right in personam
3. Breach of a legal duty
4. Breach of an equitable obligation.
Select the correct answer using the given below:

11 / 100

Direct interference in the possession of land without lawful justification is called

12 / 100

The manufacturer’s liability principle was laid down in:

13 / 100

Two dogs, belonging to two different persons, acting in concert attacked a flock of sheep and injured them.
Which one of the following is the correct statement? In an action for damages:

14 / 100

In nuisance, a defendant is liable to unusually sensitive plaintiff:

15 / 100

The expression ‘Constitutional Tart’ means

16 / 100

Which one of the following statements is correct?
The standard of care generally used in case of negligence is

17 / 100

The ‘last opportunity’ principle is related to the:

18 / 100

Independent tort feasors

19 / 100

A person aiding a party in civil proceedings, not having any interest in the property himself, by pecuniary assistance or otherwise, to have by agreement, a portion of the gain made in the proceedings so maintained, is committing

20 / 100

For volenti non-fit injuria to be available, it is necessary that

21 / 100

The Rule of “strict liability” was enunciated in which one of the following cases:

22 / 100

Which of the following statements are not correct?
(1) Res ipsa loquitur is used for the purpose of fixation of liability based on strict liability.
(2) Inference of negligence could properly be drawn in res ipsa loquitur
(3) Res ipsa loquitur dispenses with taking of evidence
(4) Res ipsa loquitur mostly favours the defendant
Select the correct answer using the given below:

23 / 100

Principle: Even if a person suffers a loss, he will be entitled to receive compensation only if a legal right is violated.
Factual Situation: An English teacher in a famous ‘English School’ after having some rift with the management left the school and started a new ‘Language School’ very close to the English School. Many students of the English School left it and joined the new Language School. As a result, the English School suffered huge financial loss and hence filed a suit for compensation against the new school.

24 / 100

Match List-I (Maxims) with List-II (Cases) and give correct answer by using given below:

List I (Maxims)
List II (Cases)

a. Damnum sine injuria
1. Padmavati v. Dugganika

b. Injuria sine damno
2. Vishnu Datt v. Board of Higher Secondary and Intermediate Education, Uttar Pradesh

c. Volenti non fit injuria
3. Bindra Devi Chauhan v. State of Himachal Pradesh

d. Res ipsa loquitor
4. Bhim Singh v. State of Jammu and Kashmir

25 / 100

Volenti non fit injuria implies

26 / 100

Which one of the following statement is correct:

27 / 100

The case of Bangalore Medical Trust v. B. S. Muddapa, 1991 SC related to:

28 / 100

In the law of torts, the tort can be fixed for incorporeal personal property

29 / 100

X, a mother, along with her daughter, Y was shopping in a departmental store, named. “All the Necessities”. Y slipped 5 lipsticks in the bag of her mother. They were apprehended by the security staff of the store and after one hour both were handed over to the police. Y was convicted for theft but X was acquitted. X sued for false imprisonment by the store.

30 / 100

Two persons voluntarily took lift in a jeep were thrown out and sustained injuries due to the giving way of the bolts, fixing the right front wheel and thereby toppling the jeep. Principle of volenti non fit injuria was held to be not applicable to them in

31 / 100

A’ has invited ‘B’ for dinner. When ‘B’ is stepping up the stairs leading to ‘A’s residence he slips and gets injured because the stairs are slippery and there is not light illuminating the stairs:

32 / 100

A tort is a breach of duty, which is

33 / 100

Under the doctrine of vicarious liability a master is liable for the acts of his servant

34 / 100

An act done as Act of State

35 / 100

Which of the following is correct?
Answer by using the below:
(1) Corporation is vicariously liable for acts done by its employees.
(2) Minor is liable for the torts committed by him.
(3) Wife is liable under law of torts to her husband if she negligently fractures his legs.
(4) Tort committed by any partner in the ordinary course of business of firm all other partners are liable.

36 / 100

In torts

37 / 100

In which of the following case, Lord Wilber force opined that “It is necessary to consider three elements inherent in any claim for nervous shock: the class of persons whose claim should be recognized, the proximity of such persons to the incident and the means adopted by which shock is caused”?

38 / 100

In Rylands v. Fletcher, Justice Blackburn used the term(s):

39 / 100

Res ipsa loquitur

40 / 100

Which of the following exceptions to strict liability were recognised by Justice Blackburn in Rylands v. Fletcher?
1. Vis major
2. Statutory authority
3. Plaintiff’s own default
4. Act of third party
Choose the correct option from below:

41 / 100

The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint was dismissed. The defendant moved the Sessions Judge in appeal. He got himself examined in Sessions trial although he knew the charge was false and he was acting without reasonable and probable cause. His complaint was dismissed by the Session Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant.
In the aforesaid case, which one of the following conclusion in correct?

42 / 100

In which of the following cases the doctrine of strict liability was established for the first time?

43 / 100

A orally abuses B, it is a case of

44 / 100

Defamation is divided into libel and slander under

45 / 100

The management of a school has given instruction of the driver of its vehicle not to allow any unauthorized person to board the vehicle. A similar information was pasted on the vehicle itself stated that no unauthorized person was permitted to travel in the vehicle. The driver allowed an unauthorized passenger to board and drove negligently causing an accident in which the unauthorized passenger was killed. The school management is

46 / 100

The question as to whether the defendant has committed a breach of his duty towards the plaintiff depends on as to whether he:

47 / 100

What is the meaning of ‘ubi jus ibi remedium’?

48 / 100

Which of the following is/are exception(s) to the rule of strict liability recognized by Rylands v. Fletcher?
(1) Defendant’s default
(2) Act of God
(3) Consent of the third party
(4) Statutory authority
Choose the correct answer from the given below:

49 / 100

A’ has grown a tree on his land. The branches of the tree are overhanging on the land of ‘B’. Under the law, ‘B’ is entitled to:

50 / 100

Who made the statement that “categories of negligence are never closed”?

51 / 100

Effectual defence available in an action for nuisance

52 / 100

The prosecution commences

53 / 100

‘Causa Causons’ means

54 / 100

Vis major is an

55 / 100

A boy, playing on the road, was about to be run over by a taxicab. The driver, however, applied the breaks and brought the cab to a screeching halt and the boy was slightly injured. The mother of the boy who happened to watch the same from her house at a distance of 100 meters from the sight, suffered a nervous shock. The driver is:

56 / 100

An employer is liable for the acts of independent contractors if

57 / 100

In a suit for damages on the ground of malicious prosecution, what is required to be proved by the plaintiff?

58 / 100

A’ slipped into a pit filled with rain water. While slipping he caught holt: 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 responsible?

59 / 100

Z digs the mud road in front of his house. In the evening after it became dark a passerby hits the debris and is injured. The passerby brings a civil suit as well as files a criminal case of public nuisance. He can

60 / 100

A covenant not to sue one of the joint tort feasors, has the effect of:

61 / 100

A theft had been committed in the defendant’s house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?

62 / 100

Identify the situations where slander is actionable per se under the English law of Tort:
1. Imputation of criminal offence to the plaintiff
2. Imputation of belonging to the lower caste
3. Imputation of a contagious or infectious disease
4. Imputation of unchastity or adultery to any woman
Select the correct answer using the given below:

63 / 100

In which one of the following situations is slander actionable perse?

64 / 100

In India the maxim ‘Damnum sine injuria’ has been propounded in

65 / 100

The House of Lords ruling in Bolam case (1956) has laid down law relating to:

66 / 100

Which of the following is a better definition of negligence?

67 / 100

The ‘tort of deceit’ owe its origin to

68 / 100

Consider the following elements:
1. Infringement of a legal right
2. Legal damage
3. Any damages
4. Existence of a legal right
Right to claim damages in tort would arise only if:

69 / 100

Section 2(m) of Limitation Act defines tort as

70 / 100

Choose the wrong statement
In an action for breach of a statutory duty

71 / 100

Arrange the following Supreme Court decisions on the justification of torts in chronological order by using the given below:
(1) Vinod Kumar Shantilal Gosalia v. Gangadhar Narsingdas
(2) Sodan Singh v. New Delhi Municipal Committee
(3) Anwar Hussain v. Ajoy Kumar
(4) Nizam’s Institute of Medical Sciences v. Prasanth S. Dhananka

72 / 100

Which one of the following is defamatory?

73 / 100

Strict civil liability means

74 / 100

Generally, tortuous liability has an element of fault to support it. In which one of the following Acts, recently a provision has been made in India, which provides for meeting claims arising both on the basis of fault principle and no fault principle?

75 / 100

The principle ‘facts speak for themselves’ is expressed by the maxim-

76 / 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): ‘Act of God’ is a kind of evitable accident with the difference that it arises out of the working of human forces.
Reason (R): The occurrence need not be unique, nor need it be one that happens for the first time; it is enough that it is extraordinary, and such as could not reasonably be anticipated.

77 / 100

A lawful act does not become unlawful even if it was done with evil motive. This was held in:

78 / 100

A servant is a person:-

79 / 100

Negligence was defined in the form of culpable carelessness by:-

80 / 100

Persons are said to be joint tort-feasors when their separate shares in the commission of the tort are done in furtherance of a common:

81 / 100

The main supporter of the theory, that it is ‘Law of Tort’ and not ‘Law of Torts’ is

82 / 100

A willful act done without just cause or excuse is called . . . . . . . .

83 / 100

The term novus actus interveniens means

84 / 100

Match List I with List II Choose the correct answer from the options given below:

List I
List II

a. Wagon Mound Case
1. Test of Reasonable Foreseeability

b. Folemis Case
2. Test of Directness

c. Smith v. Leech Brain & Co.
3. Egg-Shell Skull Rule

d. Smith v. Charles Baker & Sons
4. Volenti non fit Injuria

85 / 100

A’ employs ‘B’ to beat ‘C’, and agrees to indemnify him against all consequences of the act. ‘B’ thereupon beats ‘C’, and has to pay damages to ‘C’ for doing so. Determine the liability of ‘A’.

86 / 100

Principle: Under law, persons in possession of property are entitled to the quiet enjoyment of their property.
Factual Situation: Ram and his wife occupied a flat in New Delhi to reside peacefully during his retired life. His neighbour who was staying on rent was a young couple having a two months old baby. The cries of the baby disturbed Ram during his afternoon nap and at night. Irritated by the baby’s cries, Ram asked the young couple to shift their residence, to which they turned a deaf ear. Ram wants to file a suit against the young couple for nuisance.

87 / 100

The maxim actio personalis moritur cum persona means:

88 / 100

The leading case on the subject of distinction between joint tort-feasors and independent tort feasors is:-

89 / 100

Which among the following statutes relates to tort

90 / 100

Qualified privileges can be claimed in reporting, the proceedings which enjoy absolute privileges, if

91 / 100

“Res ipsa loquitur” is the maxim used when

92 / 100

A person was arrested by the policeman on suspicion of being in possession of stolen property. His property was kept in government Malkhana. The policeman in charge of Malkhana misappropriated the property and fled to Pakistan. Is the state liable to the owner of the property for the wrongful acts of its civil servant?

93 / 100

To constitute false imprisonment
1. The detention must be unlawful.
2. The period for which detention continues is material.
3. The period for which detention continues is immaterial.
4. The knowledge of the plaintiff about his detention is material.
Select the correct answer using the given below:

94 / 100

Tort of defamation can be in respect of a

95 / 100

Violation of right actionable per se means:

96 / 100

In tortious liability

97 / 100

Defamation is defined under

98 / 100

Which of the following is correctly matched in relation to the defences of tort of defamation?

99 / 100

In which of the following cases the ‘Principal of common Employment’ was evolved for the first time?

100 / 100

Match the following

a. Winfield
1. Tort means a civil wrong, which is not exclusively a breach of contract or breach of trust.

b. Fraser
2. a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation

c. Salmond
3. tortuous liability arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages

d. Section 2(m), Limitation Act
4. an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party

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