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Law of Torts

Practice Test 9

1 / 100

Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of ‘A’, Dr. ‘B’ left a mop inside the body of ‘A’. ‘A’ suffered acute pain and has to be operated again for the removal of the mop.
‘A’ sues Dr. ‘B’ for damages.

2 / 100

There was a plea for damages against the Electricity Board when a cyclist was entrapped and electrocuted by a live wire. The Board tried to oppose the plea on ground that the wire was a diverted line laid by a stranger to siphon energy. Will the Court accept the defence of the Board?

3 / 100

Trespass to goods is

4 / 100

Which one of the following is a correct statement?

5 / 100

The ‘tort of intimidation’ was propounded in

6 / 100

What is the meaning of ‘injuria sine damno’?

7 / 100

“If the plaintiff has a right, he must of necessity have a means to vidicate and maintain it, and a remedy if he is injured in the exercise of enjoyment of it, and indeed it is a vain thing to imagine a right without a remedy : for want of right and want of remedy are reciprocal”.
The above-mentioned rule was laid down by Chief Justice Holt, in 1703 in

8 / 100

Which one of the following statements is not correct?

9 / 100

Which is correct

10 / 100

Defamation is:

11 / 100

The remedy in tort law is

12 / 100

Tort is a

13 / 100

Master is not vicariously liable for the tort of his

14 / 100

Which of the following statements is/are correct with regard to ‘absolute liability’ principle laid down in M. C. Mehta v. Union of India. Answer by using the below:
(1) The principle was approved except as to quantum of damages in Charan Lal Sahu v. Union of India
(2) The principle in determining compensation was applied in Union Carbide Corporation v. Union of India
(3) The compensation to be awarded must have some broad correlation not only with magnitude and capacity of the enterprise but also with the harm caused by it was held in Deepak Nitrite v. State of Gujarat
(4) The principle is not followed in India because Parliament could not yet pass Public Liability Insurance Bill, 1991

15 / 100

X’, a fisher woman alighted from a tramcar. While the conductor was helping her to put the fish basket on her head, a motor cyclist ‘Y’ passed the tram and immediately afterwards negligently collided with Z’s motor car. ‘Y’ was killed. ‘X’ did not see ‘Y’ or the accident which occurred fifteen yards away because her view was blocked by the tram. She, however, heard the collision and after ‘Y’s body has been removed, she approached the spot and saw the blood left on the road. In consequence, she had a nervous shock and gave birth to still-born child as she was then eight months’ pregnant. If she sues the representatives of ‘Y’ for ‘Y’s negligence, then:

16 / 100

In which case the principle ‘ubi us ibi remedium’ recognized?

17 / 100

Communications addressed by a husband to his wife are not, except with his consent, admissible in evidence by virtue of

18 / 100

Who said that liability in law of tort arises only when the wrong is covered by anyone or the other nominated tort?

19 / 100

Which element is not required in the tort of defamation?

20 / 100

The Scienter rule applies in case of liability for animals which are

21 / 100

A, though 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?

22 / 100

Transfer of a chattel under a contract, the liability shall be regulated

23 / 100

Which of the following is not an element in establishing a case in libel?

24 / 100

Which one of the following famous cases is related to an exception to the application of the doctrine of volenti non fit injuria based on ‘rescue’ cases?

25 / 100

Which of the following statement(s) is/are correct?

26 / 100

In which one of the following situations ‘A’ will be liable for defamation?
‘A’ writes a letter containing a defamatory matter about ‘B’ and:

27 / 100

Consider the following set of legal propositions:
1. A person can claim damages for all wrongs he has suffered.
2. A person can claim damages for wrongs only if they are caused intentionally.
3. A person can claim damages for a wrong if it is caused by infringement of this legal right.
4. A person can claim damage even if he has suffered no loss.
Of the above propositions:

28 / 100

In India, the law of tort is

29 / 100

Principle: If an injury is the result of a reasonably foreseeable cause, the person/authority responsible is liable for damages because he has a duty to take reasonable measures to prevent it.
Facts: Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrence. District Cricket Association (DCA) claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk. Is there a duty on the part of the District Cricket Association (DCA) to prevent the risk? Is the District Cricket Association (DCA) liable to compensate Janet?

30 / 100

Which one of the following wrongs are covered both under the criminal law and law of torts

31 / 100

A master is liable for the tort committed by his servant when the servant acts:-

32 / 100

“An unlawful interference with person’s use or enjoyment of land or some right over or in connection with it” is known as tort of

33 / 100

Which of the following statements is correct?

34 / 100

The case of Ratlam Municipality v. Virdhichand is related to

35 / 100

Which one of the following limitations to the rule of Volunti non fit injuria is not correct?

36 / 100

“A tort is an infringement of a right in rem of private individual, giving a right of compensation of the suit of the injured party.” This is the definition given by

37 / 100

Which one of the following constitutes an example of joint tort feasors?

38 / 100

Which one of the following is a leading case on ‘Injuria Sine Damnum’?

39 / 100

In which one of the following cases did the Court of Exchequer explain the principle of res ipsa loquitur?

40 / 100

Action of State vis-a-vis his own subjects has to be justified

41 / 100

Gloucester Grammer School case explains

42 / 100

Which of the following tort is not related to nuisance based on ‘Physical discomfort’ or interference with another’s health and safety?

43 / 100

Match the items of List I (name of case) with the items of List II (related topic) and choose the correct answer from the given below.

List I (Name of case)
List II (Related topic)

a. Jone v. Boyce
1. Remoteness of damages

b. Scott v. Shepherd
2. Medical negligence

c. A. H. Khodwa v. State of Maharashtra
3. Nervous shock

d. Victorian Railway Commissioner v. Coultas
4. Doctrine of alternative danger

44 / 100

Keeping dogs in some premises which causes unreasonable interference with the neighbour’s enjoyment of his property is a

45 / 100

Conspiracy is

46 / 100

Which of the following cases under the law of torts is related with the principle of injuria sine damnum?

47 / 100

Which one of the following is not correct?

48 / 100

During the scarcity of potatoes, long queues were made outside the defendant’s shop who having a licence to sell fruits and vegetables used to sell only 1 kg of potatoes per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought an action for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?

49 / 100

The ‘neighbor’ principle was laid down in the landmark case of

50 / 100

Which one of the following did not emerge from the case of Donoghue v. Stevenson?

51 / 100

Which of the following statements is incorrect?

52 / 100

Which one of the following statements is correct?
All persons are joint tort-feasors,

53 / 100

Which of the following statements is false in connection with the legal principle “volunti non fit injuria”?

54 / 100

In case of joint tort feasors

55 / 100

Which one of the following statements is correct?

56 / 100

The liability of joint tort feasors is

57 / 100

In a suit for malicious prosecution which one of the following is not an essential element?

58 / 100

Which one of the following correctly identifies the remedies available to the victim in case of false imprisonment?

59 / 100

The distinction between sovereign and non-sovereign functions of the State was laid down in:-

60 / 100

The maxim ‘scienti non fit injuria’ means

61 / 100

The terms Culpalata and Culpalevis mean:

62 / 100

Liability without fault

63 / 100

The doctrine of common employment at present is applicable

64 / 100

What does injuria sine damno mean?

65 / 100

Which among the following cases is related to the rule that causing death of a person is not a tort?

66 / 100

The liability of the owner of the cattle for cattle tress pass

67 / 100

Even if the harm to the plaintiff has been caused maliciously no action can lie for the same unless the plaintiff can prove that he has suffered legal injuries. In which one of the following cases was this principle enunciated?

68 / 100

A employs B, a surgeon, to attend his infant son C. By reason of B’s negligence C is injured. Which one of the following is correct?

69 / 100

Damages were awarded by the Supreme Court for breach of statutory duty in

70 / 100

Which one of the following can not be described as malicious prosecution?

71 / 100

Which of the following is an essential ingredient to establish strict liability of the defendant?

72 / 100

Which one of the following statements is correct?
Truth is a defence in defamation, if the statement is true in

73 / 100

The Latin word ‘Injuria Sine Damnum’ literally means:

74 / 100

In tort, mistake

75 / 100

Which of the following statement is correct:

76 / 100

The meaning of the maxim ‘Ubi jus ibi remedium’ is:-

77 / 100

In which one of the following cases has the Supreme Court laid down that where the enterprise is engaged in hazardous or inherently dangerous activities and harm results to anyone on account of accident, the enterprise is strictly liable to compensate all those who are affected by such accident?

78 / 100

Which of the following is not defamation?

79 / 100

The Rule of ‘res ipsa loquitur’ is related to the tort of:

80 / 100

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

81 / 100

A public nuisance

82 / 100

The writ of habeas corpus for procuring the release of a person wrongfully detained is issued by

83 / 100

Unliquidated damages is not the only remedy for a tort and that for some torts, it is not even the primary remedy. They are other remedies also. They are

84 / 100

The maxim ‘volenti non fit injuria’ applies

85 / 100

X’ and ‘Y’ agree to commit theft in ‘Z’s house but no theft is actually committed. They are guilty of-

86 / 100

Libel is addressed to the eye; slander to the ear.
State which of the following statements are slander

87 / 100

A patient is brought to a hospital maintained by B. The patient is to be operated upon. If as a result of faulty oxygen supply machine, the patient dies on the operation table, then:

88 / 100

Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the poling booth at about 7:30 am, to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find any thing against him. By the time Reddy reached the poling booth the polling time was over and he could not vote for Mr. Naik. When the results were declared Mr. Naik got a Majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.

89 / 100

“A person cannot complain of harm which he has exposed himself, with knowledge and free will” refers to

90 / 100

Match the following:

a. Criminal Trespass
1. Section 445

b. House Trespass
2. Section 443

c. Lurking House Trespass
3. Section 442

d. House-Breaking
4. Section 441

91 / 100

The rule of strict liability is based on the decision in the case of

92 / 100

An inevitable accident means

93 / 100

Law of Torts have developed mainly through

94 / 100

Match List-I and List-II and select the correct answer by using the below the Lists:

List I
List II

a. Consent
1. Nichols v. Marsland

b. Inevitable Accident
2. Vaughan v. Taff Valde Rail Co.

c. Act of God
3. Holmes v. Mather

d. Statutory Authority
4. Hall v. Brookland Auto Racing Club

95 / 100

Frazer has defined tort as

96 / 100

Which of the following are essential elements of the defence of fair comment in the tort of defamation?
The matter commented on must be
1. Of public interest
2. An assertion of fact
3. An expression of opinion
4. Fair
Select the correct answer using the given below:

97 / 100

Which of the following is correct

98 / 100

Which of the following is not an exception to the principle of strict liability?

99 / 100

Which one of the following sets correctly identifies the specific defences available in action for defamation?

100 / 100

Which one of the following statements is correct?
When the act of defendant falls in tort and breach of contract, the defendant may be sued

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