LLB-103 LAW OF TORTS QUESTION BANK 1 - 205

Law of Torts (Code 2201313)

Time 2 hrs 1-3 p.m. Max. Marks: 50

Note: Attempt all question. All question carry equal marks.

1. Who among the following defined , ‘ tort as a civil wrong for which the remedy is a
common law action for un – liquidated damages and which is not exclusively the
breach of a contract or the breach of trust , or other merely equitable obligation ‘ ?
a) John Salmond
b) Winfield
c) Fraser
d) None of the above
2. Who said , ‘ tortious 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 ‘ ?
a) Lord atkin
b) Winfiled
c) John salmond
d) Fraser
3. ‘ Tort ‘ means a civil wrong which is not exclusively a breach of contract or breach
of trust . this statutory definition is from
a) The limitation act
b) The specific relief act
c) The Indian contract act
d) None of the above
4. The word tortum means
a) To restore
b) To gather
c) To twist
d) To restore
5. Tort is a
a) Civil wrong
b) Criminal wrong
c) Civil as well criminal wrong
d) None of the above
6. Damages suffered due to trotious act is redressed by claim fro
a) Liquidated damages
b) Unliquidated damages
c) Liquidated as well as unliquidated damages
d) Restorable damages
7. To constitute a tort or civil injury
a) There must be a wrongful act committed by a person
b) The wrongful act must give rise to legal damages or actual damages
c) The wrongful act must be of such a nature as to give rise to a legal remedy in the
form of an action for damages
d) All of the above
8. Unliquidated damages means
a) Unascertained sum of money
b) Certain sum of money
c) Damages arising of res-ipsaloquitor
d) Both (b) & (c) are correct
9. The meaning of the maxim ‘ ubi jusibiremedium ‘ is
a) Where there is a right there is remedy
b) The fact in itself
c) The law does not look from the point of view of the right
d) None of the above
10. Who defines liability as the bond of necessity that exists between the wrongdoer
and the remedy of the wrong ?
a) Blackstone
b) Winfiled
c) Salmond
d) Austin
11. In a civil wrong , the liability is measured by
a) Wrongful act
b) The punishment
c) The intention
d) Condition
12. Remedial liability is a civil liability , which is based on the maxim
a) Ubi jus ibremedium
b) Injuria sine damnum
c) Actus non facitreum nisi mens
d) None of the above
13. A breach of the rule is called
a) Duty
b) Right
c) Wrong
d) Prevertion

14. In criminal liability after a successful proceeding s wrongdoer is subjected to

a) Fine
b) Imprisonmem
c) Punishment
d) All of the above
15. Tort is
a) Inflicted against a person
b) Inflicted without consent
c) Founded upon consent
d) Both (a) and (b) are correct
16. Tort is , violation of
a) Right in rem
b) Right in personam
c) Both (a) & (b)
d) None of the above
17. In tort duty is imposed by
a) Law
b) Will ……. I consent of person
c) Both (a) & (b)
d) Neither (a) nor (b)
18. Liability in tort depends upon
a) Quantum of damages suffered
b) Involvement of intention
c) Infringement of legal right
d) Effect on public interest
19. Where the plaintiff in action sues for a pre- determined and inelastic sum of
money , he is said to have claimed
a) Unliquidated damages
b) Confined damages
c) Liquidated damages
d) Unlimited damages
20. For an action in torts
a) Some rights should be damaged
b) Some moral rights should be damaged
c) Some legal rights should be damaged
d) None of the above

21. Right in rem means

a) A right available only against some determinate person or party
b) A right vested in some determinate person and available against the wor at large
c) A right available against the state
d) None of the above
22. Legal right means
a) Rights recognized by society and enforceable by court
b) Rights recognized by law and capable of being enforceable by law courts
c) Both of the above
d) None of the above
23. Who among the following holds that there is no ‘ law of tort ‘ but there is ‘ law of
torts ‘?
a) Winfield
b) Salmond
c) Aastin
d) Blackstone
24. The term ‘ mens rea ‘ is used for
a) Damages
b) Compensation
c) A guilty mind
d) Lunatic
25. Which of the following is a case related with ‘ injuria sine dammo’ ?
a) Rylands v Fletcher
b) D p chaudhary v manjulata
c) Ashay v white
d) None of a above
26. Tort is an infringement of a right in rem of a private individual , giving a right of
compendsation at the suit of the injured party , this definition is rendered by
a) Salmond
b) Winfield
c) Fraser
d) None of the above
27. The law of tort theory of Winfield is approved by the courts in
a) Rylands v Fletcher
b) D p chaudhary v manjulata
c) Ashay v white
d) None of a above

28. The law of tort is a branch of

a) Criminal law
b) Common law
c) Natural law
d) Civil law
29. The law of tort theory of salmond is approved by the courts in
a) Rylands v Fletcher
b) D p chaudhary v manjulata
c) Ashay v white
d) None of a above
30. Basically tort is a species of
a) Moral injury or wrong
b) Civil injury or wrong
c) Criminal injury or wrong
d) Common injury or wrong
31. In a way there is no distinction between crime and tort , in as much as a tort
harms an individual whereas a crime is supposed to harm a society . but then , a
society is made of individuals , harm to an individual is ultimately harm to society
, it was observed by the supreme court in
a) P rathinam v union of india air 1994 sc 1844
b) M cmehta v union of india air 1989 sc 1086
c) Jay laxmi salt works (p) ltd v state of Gujarat ( 1994 ) 4 scci
d) None of the above
32. Tort is governed by
a) Statues
b) Common law
c) Custom and usage
d) None of the above
33. Section 2 (m) of limitation act , 1963 defines tort as
a) A civil wrong which includes breach of trust but not breach of contract
b) A civil wrong which includes breach of contract or breach of trust
c) A civil wrong which includes breach of contract or breach of trust
d) A civil wrong which is not exclusively the breach of contract or breach of trust
34. In ushaben trivedi v bhagyalaxmi chitra mandir the court endorsed the
a) Law of tort theory
b) Law of torts theory
c) Both (a) and (b0
d) None of the above

35. Tort implies a twisted or tortuous

a) Consent
b) Conduct
c) Volition
d) Deterrence
36. The propounder of the theory of social engineering as the primary purpose of the
law of tort is
a) Prof William l prosser
b) Salmond
c) Winfield
d) Austin
37. Maxim damnum sine injuria means
a) Damages with infringement of legal right
b) Damage without infrrigement of legal right
c) Infringement of legal right without damage
d) Infringement of legal right with damage
38. The pigeon – hole is supported by
a) Salmond
b) Winfield
c) Austin
d) Kenny
39. The word ‘ malice ‘ in common acceptation means and implies
a) Spite
b) Ill will
c) Spite or ill will
d) None of the above
40. Malice in law means the doing of a wrongful act intentionally without just cause or
excuse . this definition is from the landmark case of
a) Bromage v prosser
b) Mayor of Bradford v pickles
c) Allen v flood
d) Philips v whitely ltd
41. The following are actionable torts as well as criminal offences
a) Assault
b) Battery
c) False imprisonment
d) All of the above

42. Main characteristics of tort are

a) It is a civil wrong
b) It is an infringement of right in rem
c) It is a remedy
d) All of above
43. Which of the following is not a valid defence ?
a) Volenti non fit injuria
b) Vis major
c) Scienti non fit injuria
d) Consent
44. Which of the following is a leading case relating to employer’s liability ?
a) Illot v wilkies (1820)
b) Fetter v beale (1701 )
c) Farrant v barnes ( 18762 )
d) Bell v stone ( 1798 )
45. Which of the following is not essential to constitute a tort ?
a) Violation of a legal right
b) Wrongful act or omission
c) Availability of a legal remedy
d) Capacity of defendant to pay compensation
46. Law of tort protects a person’s
a) Legal right
b) Social right
c) Moral right
d) Civil right
47. Damnum implies
a) Dictatorship
b) Decision of house of lords
c) Damages
d) Double bench opinion
48. Who states that law of torts consists of body of rules establishing special
injuries ?
a) Winfield
b) Salmond
c) Dr. William
d) None of the above
49. The mcnaghten rules applicable to crimes regarding the test of insanity do not
apply to the tort because
a) The object of the law of tort is compensation and punishment
b) The object of the law of tort is compensation and not punishment
c) The object of the law of tort is punishment and not compensation
d) None of the above
50. Which of the following is not correctly matched ?
a) Is an actionable wrong
b) Not an actionable wrong
c) Question kept open
d) None of the above
51. What is alterum non laedere ?
a) To hurt nobody by word
b) To hurt nobody by deed
c) To hurt somebody
d) Both (a) & (b)
52. In the case of a civil wrong the injured party is called
a) Defendant
b) Opponent
c) Accused
d) Plaintiff
53. If the accident causes death , the motor vehicles act , 1988 ( as amended by act
54 of 1994 ) provides an interim compensation of
a) Rs. 25000
b) Rs. 12500
c) Rs. 50000
d) Rs. 100000
54. Right in personam means
a) A right available against the state
b) A right available only against some determinate person or party
c) A right vested in some determinate person and available against the wor at large
d) None of the above
55. Novus actus interveniens is related to
a) Remoteness of consequence
b) Possible consequence
c) Direct consequence
d) None of the above

56. If the same act done by a person results in two wrongs – a crime as well as tort at
the same time in such a case
a) Civil remedy would be available
b) Criminal remedy would be available
c) Both (a) & (b)
d) None of the above
57. The reason for the lack of tort litigation in india is
a) Undue delay in the final disposal of cases
b) High cost of litigation is beyond the means of an average person
 c) Lack of consciousness about one’s right and spirit of toleration
d) All of the above
58. Whether a man may lawfully shoot his neighbor’s tamed pigeon , if they are found
damaging the crops ?
a) Yes
b) No
c) Depends on the circumstances
d) None of the above
59. In tort , the action is brought by the
a) Tort feasor
b) Injured party
c) Wrongdoer
d) Government
60. Consider the following statements :
a) Liability arises from breach of a duty primarily fixed by the law
b) This duty is towards persons generally
c) Breach of this duty is redressible by an action for unliquidated damages
d) The quantum of damages is determined by the court.

Which of the above statements are correct ?

a) I , II and III
b) I , II , III and IV
c) II , III and IV
d) I , III and IV

61. To constitute a tort , which of the two are essential ?

a) Customs
b) Enactments
c) Act or omission
d) Legal remedy
I. (1) and (2)
II. (2) and (3)
III. (3) and (4)
IV. (4) and (1)
62. When there is a legal duty to do some act and a person fail to perform that
a) He can be made liable for such omission
b) There can be no action under law of torts
c) It is only a moral wrong
d) No liability can arise
63. An absolute remedy for the torts is an action for
a) Damages
b) Prosecution
 c) Injunction
d) None of the above
64. Torts are infinitely various not limited or confined . this definition is given by
a) C j pratt
b) Salmond
c) Winfield
d) Dr. William
65. The criminal wrong is considered to be a
a) Private wrong
b) Public wrong
c) Civil wrong
d) None of the above
66. In the case of breach of trust the damages are
a) Limited
b) Unlimited
c) Liquidated
d) unLiquidated

67. after matching list I and list II point out the correct code

list I

a) Mersey dock’s v proctor

b) Metropolitan asylum district v hill
c) Nichols v marsland
d) Holmes v mather

List II

a) Statutory authority
b) Vicarious liability
c) Inevitable accident
d) Act of god

Code

A B C D

a) 2 1 4 3
b) 3 2 1 4
c) 1 2 3 4
d) 4 1 2 3
68. Some other subjects of law in the torts are
a) The workmen’s compensation act 1923
b) The the specific relief act 1963
c) The employer’s liability act
d) The easements act 1882
e) All of the above
69. Cases of compensation on death are governed by the statutes like
a) The workmen’s compensation act 1923
b) The Indian railways act 1890
c) The carriage by air 1972
d) The fatal accidents act 1855
e) All of the above
70. The law of torts is largely
a) Codified
b) Un – codified
c) Systematic
d) Comprehensive
71. According to the English law , libel and slander are two important factors of
defamation . libel is addressed to the eye slander to the
a) Mind
b) Body
c) Ear
d) None of the above
72. In defamation the term innuendo means
a) Statement must be published
b) Secondary meaning
c) Primary meaning
d) None of the above
73. The essence of the defamation is
a) Humiliation
b) Injury to a person’s character or reputation
c) Hatred
d) Insult
74. If a man writes that all lawyers are thieves in a newspaper , can a lawyer sue
him ?
a) Yes
b) No
c) It depends upon the desire of the lawyers
d) None of the above
75. Which one of the following statements correctly explains the offence of
defamation ?
a) Defamatory statement must be made in good faith
b) Defamatory statement must be made to the person defamed
c) Defamatory statement must be made with the intention of harming reputation of
a person
d) The accused need not believe that such a statement would harm the reputation
of person.
76. Which one of the following statement is not correct ?
a) Libel is always actionable in tort
b) Both libel and slander are equally actionable
c) Slander is actionable only on the proof of a special damage
d) Slander is not an offence under criminal law
77. Defamation is the publication of a statement which tends to lower a person in the
estimation of right thinking members of the society generally or which tends to
make them to shun or avoid that person . it is libel if the statement be in
permanent form and slander be it consists of significant words or gestures . this
definition is rendered by
a) Winfield
b) Salmond
c) Fraser
d) None of the above
78. X produced and exhibited a talkie picture in which Y , a lady was shown as
having been forcibly ravished by Z , a man of very bad character. Circumstantial
details in the picture pointed to Y as the wronged woman, Y sued X for damages.
a) Y will be succeeded without proof of special damage
b) Y will not be succeeded
c) Neither a norb
d) X will not be liable
79. Imputation of unfitness to a profession trade or office of profit has been held to be
a) Actionable
b) Not actionable
c) Actionable without proof of special damage
d) Actionable with proof of special damage
80. A newspaper stated . this diabolical character like polyphemus the maneater has
but one eye and is well known to all persons acquainted with the name of a
certain noble circumnavigator . the plaintiff proving that he had one eye and he
bore a name similar to anson the famous admiral . it was held that it is innuendo
and the plaintiff was the person referred . the case is

a) J Anson Stuart
b) Anson v Thompson
c) Anson v Edward
d) None of the above
81. Publisher of libel
a) May not be liable
b) Always liable
c) Either a or b
d) None of the above
82. In India libel and slander are actionable without proof of special damage . the
statement is
a) True
b) False
c) Partly correct
d) None of the above
83. X published an article in their newspaper that z , an imaginary name , a church
warden was described as living with a mistress in paris . article was pure fiction
and writer and owner were ignorant of the existence of any person who bore that
name , z brought an action against x , whether x is liable or not ?
a) X is liable notwithstanding the absence of an intention to defame plaintiff
b) X is not liable because of unawareness of existence of one with that name
 c) X is not liable as article was only a fiction
d) None of the above
84. A says I am not surprised that z’s book is foolish and indecent for he is a weak
man and a libertine . this is not a commint on z’s book as the opinion expressed
is an opinion not founded on z’ book . but is rather a statement of fact . whether
defense of fair comment is available to a or not ?
a) Defence of fair comment is available to a
b) Defence of fair comment is not available to a
c) No tortuous liability
d) None of the above
85. Fair comment means
a) Honest statements
b) Relevant statements
c) Both (a) & (b)
d) Neither (a) nor (b)
86. Article 194(2) of the constitution provides privileges to
a) Members of state legislature
b) Members of parliament
c) Neither a nor b
d) None of the above
87. A a magistrate in making a receipt to his own superior officer , casts an
imputation on the character of z . whether this imputation amounts to defamation
?
a) Here imputation is made in good faith and for public good
b) A is within the exception
c) Both (a) & (b) are correct
d) A is not liable
88. A talkie film containing defamatory matter is
a) Libel
b) Slander
c) Both (a) and (b)
d) All of the above
89. A , without any provocation makes a false statement in gathering that b is
suffering from AIDS . here A is
a) Not liable because there is no defamation
b) Not liable because defence of privilege is available to him
c) Liable because it is a slander actionable per se
d) Liable because the statement has been made in b’s presence
90. If defamatory statement is true the affected party
a) Can claim damages
b) Cannot claim damages
c) Partial damages are allowed
d) None of the above
91. In order to sustain an action for libel a publication must be
a) False
b) In permanent form
c) Defamatory
d) All of the above
 92. Under English law a suit for slander is time barred after …………………………… years
a) 2
b) 3
c) 5
d) 6
93. Truth is a complete defence in
a) Libel
b) Slander
c) Both (a) and (b)
d) None of the above
94. In which of the following cases the plea of volenti non fit injuria can be taken
a) Rescue cases
b) Plaintiff had knowledge of the risk
c) Plaintiff is employed in the job involving risk
d) Plaintiff had knowledge and volunteered to take the risk
95. The maxim volenti non fit injuria stands for
a) Punishment
b) Compensation
c) Damage
d) Consent
96. In law of torts general defences are available to
a) Plaintiff
b) Defendant
c) Both (a) & (b)
d) None of the above
97. General defences are available in
a) All torts
b) Not in all torts
c) Defamation only
d) None of the above
98. Volenti non fit injuria means
a) An act to which a man consents cannot be complained of as an injury
b) An act to which a man consents can be complained of as an injury
c) An act to which a man consents under special circumstances can be complained
of as an injury
d) None of the above
99. In which of the following cases the court held that when the plaintiff impliedly took
the risl of such injury the danger being inherent in the sport which and spectator
could foresees defendant was not liable ?
a) Hall v brooklands auto running club
b) Hiralal v bandhu
c) Herrings v boyle
d) Herniman v smith
100. Which rules are necessary for the application of the maxim volenti non fit injuria ?
a) Consent must be freely given
b) Act must not be unlawful
c) Mere knowledge of the risk does not necessarily imply assent
d) All of the above
101. The application of maxim volenti non fit injuria is
a) Dependent upon a valid contract
b) Dependent upon the competence of the decision making capacity of the person
at the time of giving consent
c) None (a) and (b)
d) None of the above
102. A driver of a vehicle gives a passenger a lift and at the same time , gives him
reasonable notice that he rides at his own risk . if so which of the following
statement is correct ?
a) Passenger is bound by the notice
b) Passenger cannot claim damages
c) Both (a) & (b)
d) None of the above
103. The maxim volenti non fit injuria does not apply where the act of the plaintiff relied
upon to establish the defence under the maxim is the very act which the defendant
was under a duty to prevent . the statement is
a) True
b) False
c) Partly correct
d) None of the above
104. A a driver of motor car under influence of drink hit the car and injured b . which
statement is correct.
a) Defence of volenti non fit injuria is not applicable to tort of negligence
b) B is entitled to recover damages
c) Both (a) & (b) are correct
d) None of the above

105. Scienti non fit injuria means

a) Mere knowledge of danger does not amount to consent of plaintiff
b) Mere knowledge of danger amounts to consent of plaintiff
c) An act to which a man consents can be complained of as an injury
d) None of the above
106. Which of the following statements is correct ?
a) Defence of volenti non fit injuria is not applicable in rescue cases
b) A man cannot be deemed to have given consent if he acts under the compulsion
of a legal or moral duty
c) Both (a) & (b) are correct
d) None of the above
107. For a defence of consent , if the consent of the plaintiff has been obtained by
fraud under compulsion or under some mistaken impression such consent will serve
as
a) Good defence
b) No defence
c) Favour of plaintiff
d) None of the above
108. The principle of inevitable accident is derived froman American case known as
………
a) Nitro glycerin case
b) Hole v chard union
c) R v Williams
d) None of the above
109. In which of the following cases , the supreme court held that the defence of
inevitable accident in any form is no defence to a claim based on the rule of strict
liability ?
a) Union carbide v union of india
b) M c Mehta v union of india
c) Charan lal sahu v union of india
d) None of the above
110. The defence of inevitable accident is available when
a) The event is unforeseeable
b) The consequences are unavoidable
c) Both (a ) and (b)
d) None of the above
111. The defence of act of god is analogous to the defence of
a) Volenti non fir injuria
b) Inevitable accident
c) Both (a) and (b)
d) None of the above

112. Which of the following donditions are to be satisfied to take defence of act
of god ?
a) Working of natural force without human intervention
b) Working of natural force resulting in injury to plaintiff
c) Occurrence is extraordinary and could not be avoidable by reasonable care on
the part of defendant
d) All of the above
113. Though inevitable accident is no defence to the rule of strict liability . act
of god is a valid defence to the same . the statement is
a) True
b) False
c) Partly correct
d) None of the above
114. The right of private defence vested in an individual extends to the protection of
one’s
a) Spouse
b) Servant
c) Master
d) All of the above
115. Ignorantia juris non excusat means
a) Ignorance of law is an excuse
b) Ignorance of law is not an excuse
c) Ignorance of fact is an excuse
 d) None of the above
116. The plea of sou assault demensne means
a) The assault complained of was the effect of plaintiff’s own attack
b) From an immoral cause no action arises
c) Both(a ) & (b)
d) Neither (a)nor (b)
117. Statutory authority is also statutory indemnity taking way all the legal remedies
provided by the law of torts for persons injuriously affected . who stated this ?
a) Salmond
b) Black burn j
c) Lord atkin
d) None of the above
118. In which of the following cases , the house of lords invoked the principle of
ubi jus ibiremedium in favour of an elector who was wrongfully prevented from
voting and decreed the claim of damages ?
a) R v Donovan
b) Ashby v white
c) Action v Blundell
d) Smit v scott
119. In which of the following cases the supreme court approved misfeasance
in public office as a part of the law of tort ?
a) Shyam sunder v state of Rajasthan
b) Lucknow development authority v m k gupta
c) m/s kasturi lal ralia ram jain v state of Uttar Pradesh
d) none of the above

120. match list I with list II and select the correct answer using the codes given below
the lists :

List I

I. of god
II. statutory authority
III. consent
IV. act of state

list II

I. buron v denman
II. hall v brookland and auto racing club
III. Nicholas v marsland
IV. Metropolitan asylum case

Codes :

a) I – A, II-B, III-D,IV-C
b) I-C,II-D,II-B,IV-A
c) I-C,II-D,III-A,IV-B
d) I-D,II-C,III-B,IV-A

121. In tort , act of the third party is

 a) General defence
b) Defence in assault
c) Defence in defamation
d) Defence in strict liability

122. match list I with list II and select the correct answer using the codes given below
the lists

List I

(principle )

I. Sine injuria
II. Absolute liability
III. Injuria sine damnum
IV. Inevitable accident

List II

(associated case)

A. Ashby white case

B. Gloucester grammer school case
C. Stanelyv powel case
D. Ryland v Fletcher case
Codes :
a) I-C , II-A , III-B , IV-D
b) I –A , II- C , III-D , I – B
c) I-B , II-D , III-A , IV-C
d) I-D , II-B , III-C , IV-A
123. Strict liability arises
a) If some dangerous things have been brought by a person on his land
b) If the thing thus brought or kept by a person on his land must escape
c) If it is non-natural use of land
d) Of the above
124. a person who keeps animals with the knowledge of its tendency to do harm is
a) Not liable for damage
b) Strictly liable for damage
c) Partially liable for damage
d) Liability depends on the nature of injury
125. the rule of strict liability was formulated by the house of lords in rylands v Fletcher
in
a) 1869
b) 1868
c) 1885
d) 1890
126. the rule of absolute liability was first laid down by
a) Lord atkin in 1635
 b) C j holt in 1868
c) Winfield in 1765
d) J Blackburn in 1868

127. the absolute liability theory as the basis for liability in tort for industrial injuries was
propounded by
a) Blackburn j
b) V r Krishna iyer j
c) P n bhagwati cj
d) Lord atkin
128. in which case house of lords made a distinction between natural and non-natural
use of land ?
a) Rylands v Fletcher
b) Donoghue v stevenson
c) Gloucester c v grammar school
d) Rose v ford
129. in which of the following cases the supreme court evolved the rule of absolute
liability as part of Indian law in preference to the rule of strict liability laid down in rylands
v Fletcher ?
a) M c Mehta v union of india
b) Madras railway co v zamindar
c) Minu b Mehta v balakrishna
d) K nagireddy v govt of Andhra Pradesh
130. which was the rule adopted by court while deciding Bhopal gas tragedy case ?
a) Rule of strict liability
b) Rule of absolute liability
c) Both a and b
d) None of the above
131. consider the following statements for making occupier or owner of a land liable on
the basis of strict liability rule certain essential factors are
I. Of a dangerous thing on his land
II. Non – natural use of land
III. Use of thing for common benefit
IV. Escape of thing from his control
Which of the statements given above are correct ?
a) I,II and III
b) II,III and IV
c) I,II and IV
d) III and IV only
132. Ryland v Fletcher was decided by
a) The privy council
b) The kings division bench
c) The house of lords
d) None of the above
133. due to earthquake a tenant died , the landlord can take defence of
a) Inevitable accident
b) Act of god
c) Volenti non fit injuria
d) Statutory authority
134. ryland v Fletcher rule had made substantial progress on English law in the matter
of
a) Imposing liability on occupiers of land for the escape of things from their premises
b) The classes of person for whose defaults in connection with such escape the
occupier is vicariously responsible
c) Both (a)and (b )
d) None of the above
135. which of the following is the correct statements ?
Vicarious liability means
a) Liability without faults
b) Servant’s liability for the wrong of the master
c) Master’s liability for the wrong of the servant
d) Damage which could not be prevented
136. compensation can be awarded to a person who suffered personal to a at the hands
of govt . officers which amounted to tortuous acts , it was held in
a) P rathinam v union of india 1989 supp (2) SCC716
b) D k basu v state of WB (1997) 1 SCC416
c) Rudal shah v state of bihar AIR 1983 SC1086
d) Arvinder singh bagga v state of UP AIR 1995 SC 117
137. damages were awarded by the supreme court for breach of statutory duty in
a) Manju Bhatia v n dmc air 1998 sc 223
b) Radhakrishna agarwal v state of bihar air 1977 sc 1496
c) State of mp v shyam sunder trivedi (1995) 4 scc 262
d) None of the above
138. qui facit per alium facit per seestablishes which of the following forms of liability ?
a) Vicarious liability
b) Liability ubder the Indian contract act
c) Liability under the law of torts
d) Liability under ipc
139. The driver of a bus belonging to the defendant permitted the conductor to drive the
bus. The conductor drove negligently causing an accident resulting in injuries to the
plaintiff . the defendant would be held be
a) Liable because as master of the conductor the defendant would be vicariously
liable for the conductor’s negligence
b) Not liable because the driver by permitting the conductor to driver had done an
unauthorized act for which his master the defendant could not be held liable
c) Liable because permission given by the driver to the conductor to drive was a
negligent act of the driver for which his master the defendant would be liable.
d) Not liable because the driver by not driving and the conductor by driving were
both acting unauthorized for which the master the defendant could not be held
liable
140. vicarious liability is based on which of the following principles ?
a) Respondeat superior
b) Resipsa loquitur
c) Strict liability
d) Absolute liability

141. respondeat superior means :

a) let the principal or superior be responsible
b) let the respondent be responsible
c) let the defendant be superior
d) let the plaintiff be superior
142. qui facit per alium facit per se means.
a) He who does an act through another does it himself
 b) He who does an act does it himself
c) Either (a)or (b)
d) None of the above
143. if a tort is committed by any partner in the ordinary course of business of the firm all
partners are liable and the liability of each partner is ……
a) Joint only
b) Joint and several
c) Several only
d) None of the above
144. in which out of the following cases did the court observe that
“ the power of control is presumed to be in the general employer and the burden of
proving that power of control is in hirer rests on the general employer “.
a) Cann v Wilson
b) Hedly byrne co. ltd. V heller and partners
c) Derry v peak
d) Mersey docks case
145. complete the sentence
“ a master can be made liable as much for unauthorized acts as for the acts he has
authorized …”
a) If within the course of employment
b) Even if not in course of employment
c) Either (a)or (b)
d) None of the above
146. under the doctrine of vicarious liability , which one among the following is correct ?
a) Principal is liable for the wrongful act of his agent
b) Master is liable for the torts of his servant
c) Partners are liable for each other’s wrongful act
d) All of the above are correct
147. for the negligence of skilful and qualified persons such as doctors or engineers an
employer is liable even through they are not under his control . the above statement is in
reference to the tort of ……
a) Strict liability
b) Negligence
c) Vicarious liability
d) Damnum sine injuria
148. all persons who aid or counsel or direct or join in the committal of a wrong act are
…………
a) Not liable
b) Criminally liable
c) Contractually liable
d) Joint tort – feasors

149. complete the sentence

Persons are said to be joint tortfeasors when their separate shares in the commission of
the tort are done in furtherance of a common ……………

a) Motive
b) Intention
c) Design
d) Participation
150. the rule that joint tort-feasors are jointly and severally liable means that ……
a) One will not be liable unless the other is liable
b) Only one is liable and not the other
c) Each is liable as if the act were done by each alone
d) Suit must be filed against all
151. complete the sentence :
Liability of joint tort feasors occurs where there is …………
a) Agency
b) Vicarious liability
c) Common design
d) All of the above
152. complete the sentence :
Intimidation is ………………
a) A tort only
b) A crime only
c) Both a tort and a crime
d) A civil wrong only
153. battery is the intentional application of force to another person without legal
justification . whose statement is this ?
a) Salmond
b) Austin
c) Chief justice pn bhagawati
d) Dr. Winfield
154. assault is an act of the defendant which causes to the plaintiff reasonable
apprehension of the infliction of battery on him by the defendant is the definition given
by …………..
a) Salmond
b) Winfield
c) Bayley
d) Kenny
155. x actually beats b with a stick. He has committed the offence of ……………..
a) Assault
b) Battery
c) Grevious hurt
d) Hurt

156. battery is equivalent to criminal force which is defined section …………………………of the
ipc
a) Section 333
b) Section 350
c) Section 351
d) Section 445
157. total restraint of the liberty of a person for however short a time without lawful
excuse amounts to ………………………………..
a) Battery
b) False imprisonment
c) Abduction
d) Kidnapping
158. difference between false imprisonment and malicious prosecution has been stated
by justice wills in which among the following cases ?
a) Austin v dowling
b) Ashby v white
c) Smith v scott
d) Both (b)or (c)
159. in an action for malicious prosecution the plaintiff can claim …………
a) Damage to plaintiff’s reputation
b) Damage to plaintiff’s person
 c) Damage to plaintiff’s property
d) All of the above
160. proceedings before the police authorities amounts to ……….
a) Prosecution
b) Not Prosecution
c) Suspicion
d) None of the above
161. the protection of judicial privilege is available only if the officer is acting ……….
a) Corruptly
b) Illegally
c) Judicially
d) Unlawfully
162. in a case of false imprisonment which of the following is true ?
a) Intention of the defendant is necessary to constitute the tort
b) Wrong could not be constituted without the knowledge of the person wronged
c) Wrong could be constituted even by the curtailment of partial liberty
d) Wrong could be constituted even without the knowledge of the person wronged
163. Complete the sentence when the legal process is abused it results in …………..
a) A tort
b) A crime
c) A prosecution
d) None of the above

164. complete the following sentence the tort of false imprisonment is complete when
restraint is ………..

a) Total
b) Partial
c) Either total or partial
d) All of the above

165. trespass etymologically means …………

a) Passing abroad
b) Passing beyond
c) Transgression
d) Both(b)& (c) are correct

166. complete the sentence :

a) Not necessary
b) Necessary
c) Sometimes taken into account
d) None of the above

167. in india law relating to trespass by cattle is contained in which of the following
acts ?

a) Cattle trespass act 1871

b) Cattle protection act 1875
c) Cattle insurance act 1887
d) None of the above
168. x entered in to the land of z without z’s consent for putting out fire for public dafety .
the most appropriate defence available to x is ………………….

a) Defence of necessity
b) No defence is available
c) Defence of act of god
d) None of the above

169. in derry v peak the house of lords decided that …………………

a) There could be no liability for deceit in respect of a negligent statement

b) There could be liability for deceit in respect of a negligent statement
c) There could be strict liability for deceit in respect of a negligent statement
d) None of the above

170. in which case did the house of lords observe that , ‘ false statements which were
made carelessly by one person and acted upon by another to his disadvantage cannot
be actionable unless there was contractual or fiduciary relationship between the
parties ?

a) Derry v peak
b) Cann v Wilson
c) Hedley byrne co. ltd v heller and partners
d) None of the above

171. The wagon mound cases are related in which among the following torts ?

a) Decelt
b) Misrepresentation
c) Remoteness of damages
d) None of the above

172. general damages are those which the law will impose for every violation of a ……………

a) Moral right
b) Legal right
c) Both moral and legal rights
d) None of the above

173. reasonable foresight as the test to determine remoteness of consequences was

laid down in which of the following cases ?

a) Wagon mound case

b) In re polemis
c) Hughes v lord Jessup
d) Donoghue v Stevenson

174. a lady died at the time of the birth of her child . she was attended by an unqualified
midwife on her own request at the time of the delivery . an action for damages was
brought by her husband . in this case which of the following would be true ?

a) No damages are payable as the deceased lady voluntarily engaged the midwife
b) Damages are payable to the husband as his consent was not taken
 c) No damages are payable as the unqualified midwife can be criminally tried
d) Damages are payable as the consent of the deceased was irrelevant

175. which enactment provides for compensation to the victim without going into the
question of fault ?

a) Fatal accident act

b) Workman’s compensation act
c) Motor vehicle act
d) All of the above

176. in contributory negligence the plaintiff is injured because of the wrong of …………..

a) The plaintiff
b) Plaintiff as well as the defendant
c) Defendant
d) None of the above

177. breach of legal duty to take care is known as ………….

a) Negligence
b) Deceit
c) Accident
d) Necessity

178. the maxim ‘ res ipsa loquitur means …………

a) The thing speaks for itself

b) The thing does not speak for itself
c) Plaintiff must prove his case
d) Defendant must prove his innocence

179. in which case did the court of exchequer explain the principle of res ipsa loquitur ?

a) Cann v Wilson
b) Hedly byrne co. ltd v heller and partners
c) Derry v peak
d) Scott v London & st. Catherine docks co. (1865 )

180. x a pedestrian tries to cross a road all of a sudden and is hit by a moving vehicle .
can x be held guilty of contributory negligence ?

a) X is not guilty of negligence

b) X is guilty of contributory
c) X is not guilty of contributory negligence
d) None of the above

181. a person who is charged with contributory negligence may still recover damages if
he can show that in spite of his contributory negligence the other party had the last
opportunity of avoiding the accident by taking ordinary care. This rule is known as the
………………….

a) Last opportunity rule

b) Rule of negligence
c) First opportunity rule
d) None of the above

182. contributory negligence ……….. a defence if the plaintiff is a child . fill in the blank

a) Is
b) Is not
c) Is always
d) None of the above

183. in indai the liability of composite tort feasors is

a) Joint
b) Several
c) Joint and several
d) None of the above

184. in donoghue v Stevenson , the duty of a manufacturer was towards the

a) Retailer only
b) Buyer from consumer
c) Ultimate consumer
d) None of the above

185. two motorists driving negligently and coming from opposite directions colllded and
a pedestrian was crushed between the two cars , in such a situation the motorists would
be held to be ……….

a) Wrongdoers
b) Independent tort feasors
c) Joint tort feasors
d) None of the above

186. lions tigers bears elephants and monkeys have been considered to be generally
dangerous to mankind and are therefore placed in the category of

a) Mansuetae naturae
b) Ferae naturae
c) Vismajaor
d) None of the above

187. the maxim , res ipsa loquitur implies a ………….

 a) Rule of negligence
b) Rule of trespass
c) Rule of evidence
d) Rule of vicarious liability

188. The maxim res ipsa loquitur shifts the burden of proving negligence onto the …………..

a) Plaintiff
b) Defendant
c) Both of the above
d) None of the above

189. negligence is culpable carelessness . this viewpoint was expressed by whom

among the following ?

a) Austin
b) Pollock
c) Halsbury
d) Salmond

190. occupier has ……….. to the licensce for the loss caused by danger not know to him .

a) Liability
b) No liability
c) Some liability
d) Full liability

191. when a person plants a tree over his own land and the roots or branches project
into or over the land of another person. That is a

a) Nuisance
b) Trespass
c) Hindrance
d) None of the above

192. public nuisance is an offence punishable under

a) Civil law
b) Criminal law
c) Both (a)or (b)
d) None of the above

193. who defined nuisance is the wrong done to a man by unlawfully disturbing him in
the enjoyment of his property or in some cases in the exercise of a common rights ?

a) Winfield
b) Salmond
c) Pollock
d) Austin

194. which one of the following is not a natural rights ?

a) Right to air
 b) Right to property
c) Right to light
d) Right of support of land and buildings

195. on the expiration of the period of ………. Years , the nuisance becomes a right .

a) 7
b) 10
c) 12
d) 20

196. which one of the following amounts to nuisance ?

a) Every unreasonable interference is nuisance

b) Every reasonable interference is nuisance
c) Every interference is nuisance
d) None of the above

197. what are the essential ingredients of the tort of nuisance ?

a) Unreasonable interference
b) Interference is with the use or enjoyment of land
c) Damage
d) All of the above

198. in which of the following cases the supreme court held that the state is bound by its
statutes and is not above that ?

a) Poonam verma v aswin patel

b) P v rao v khushal das
c) Supdt and remembrance of legal affairs , west Bengal v corporation of Calcutta
d) None of the above

199. law of torts ……… make any distinction based on age .

a) Does
b) Does not
c) Always makes
d) Sometimes makes

200. in torts

a) A minor is liable in the same manner and to the same extent as an adult
b) A minor is liable in the same manner and not to the same extent as an adult in
respect of torts which do not require a special mental element
c) A minor is not liable at all as under the law of contract
d) None of the above

201. generally parent or guardian ………………………….. made liable for the torts of child

a) Can be
b) Can not be
c) Always be
 d) None of the above

202. when the child acts as his father’s servant or agent

a) Father is not liable

b) Father is vicariously liable
c) Only child is liable
d) None of the above

203. insanity ……………….. a defence in civil liability

a) Is
b) Is not
c) Is always
d) None of the above

204. x a lunatic entered the temple wearing shirt and shoes contrary to devaswam
rules . x broke the idol of the deity . whether he could be sued or not ?

a) X is liable for damages

b) X is not liable damages
c) X could not understand right and wrong
d) None of the above

205. In India suit against an ambassador or high commissioner or other diplomatic

persons can be brought

a) Without prior sanction of the government of India

b) Only with prior sanction of the government of India
c) With or without sanction of the government of India
d) None of the above