Sr MCQs

No
1 Which of the following is not related to Tort law?

 Uncodified
 Unliquidated damages
 Pigeonhole theory
 Criminal Law
2 The pigeon-hole theory for the law of tort was given by:

 Salmond
 Winfield
 Lord Macaulay
 None of the above
3 Which of the following is not a tort?

 Defamation
 Negligence
 Culpable Homicide
 Nuisance
4 Punitive punishments are not given in the cases of tort.’ This statement is

 True
 False
 Depends on the case
 None of these
5 The punishments awarded in the case of tort are

 Unliquidated
 Imprisonment
 Fines
 Both (a) and (c)
6 Which of the following legal maxim is not related to the law of tort?

 Ubi jus ibi remedium

 Ex turpi causa non oritur action
  Res ipsa Loquitur
 Consensus ad idem

7 Which of the following interests are not protected by the law of Tort?

 Physical injury
 Reputation
 Injury to property
 Loss in business due to the breach of contract
8 Some acts are regarded both as a crime as well as a tort. Which of the following
is not one such example?

 Defamation
 Negligence
 Culpable homicide
 None of these
9 In the case of the trespass to the person, which of the following defences will
not apply?

 Private Defence
 Lawful authority
 Contributory Negligence
 None of the above
10 The purpose behind the punishments given under the law of tort is not

 Giving Compensation to the victim

 Deterrence
 Corrective Justice
 Weakening the accused.
11 Any person can be sued for tort in India. Except:
 Foreign sovereign
 Infant
 State
 Public officials

12 The word ‘tort’ has been picked up from:

  An English word ‘Wrong’
 A Latin word ‘Tortum’
 A Roman word ‘Delict’
 A Sanskrit word ‘Jimha’ 

13 Can a husband be held vicariously liable for the tort of his wife in India?
 Yes, because husband is considered as the agent of his wife
 Yes, because husband is the guardian of his wife
 No, a married woman can be independently sued
 No, because husband is not the guardian of his wife

14 Under tort what kind of damages are awarded?

 Liquidated
 Unliquidated
 Vindictive
 Exemplary

15 In tort the remedy is available against

 Rem
 Personam
 Both a and b
 None of the above

16 Law of tort is:

 Codified
 Uncodified
 Both a and b
 None of the above

17 Under law of tort who can file a suit:

 Person who has suffered injury
 Relatives of the person who have suffered injury
 Any competent person
 State

18 In law of tort duties are fixed by:

 Parties themselves
 State
 Any competent person
 Law

19 Which one of the following cannot sue for breach of law of tort?
 An infant
 Lunatic
 Child in the womb
  Convict

20 Which one of the following is an essential element of tort?

 Consent of parties
 Intention of the wrongdoer
 Motive
 None of the above

21 ……….. are words, which appear innocent, but have a latent

defamatory meaning
(a) Libel               
(b) Slander
(c) Innuendo       
(d) None of the above
22 Unliquidated damages mean
(a) Damage to something solid.
(b) Damage caused by a firm which has gone in liquidation
(c) Damage to a firm in the hands of receivers.
(d) Damage to be assessed by a court as these are not pre-determined.
23 Assault and nuisance are
(a) Wrong under Criminal law.
(b) Wrong under tort.
(c) Wrong under neither.
(d) Wrong under both.            

24 What is the legal meaning of the word ‘Battery’?

(a) Cells as used in torch, tape recorder etc.
(b) Battering a person to death.
(c) Actual or intended striking of another person.
(d) Assault resulting in, at least, 6 months hospitalisation.
25 When the master is held liable for the wrongful of his servant, the liability
is called
(a) Strict liability     
(b) Vicarious liability
(c) Tortous liability 
 (d) Absolute liability
26 ‘No-fault liability’ means
(a) liability for damage caused through negligence
(b) liability for damage caused through fault.
(c) absolute liability even without any negligence or fault.
(d) freedom from liability.      

27 Ramesh asks his servant to sell his cycle to him at a price less than that
of market price. This contract can be avoided by the servant on the ground of
(a) fraud          
(b) mistake
(c) undue influence
(d) coercion                                 
28 The act of unlawfully entering into another’s property constitutes
(a) Trespass           
(b) Restraint
(c) Appropriation
(d) Encroachment
29 “Tortious liability arises from breach of duty, primarily fixed by law; this duty
is towards persons generally and its breach is redressable by an action for
unliquidated damages” This definition is given by
(A) Winfield
 (B) Salmond
(C) Flemmings
(D) Goodheart
30 Which one of the following is not an example of vicarious liability?
(A) Liability of the principal for the tort of his agent.
(B) Liability of partners for each others’ tort.
(C) Liability of the master for the tort of his servant.
(D) Liability of the parents for the tort of the children
31 In an action for the tort of negligence, what is not required to be proved by the
plaintiff is that
(A) there is damage
 (B) duty-situation arises
(C) breach of duty owed to some one
(D) breach of duty owed to the plaintiff
32 Which of the following is not an element of an intentional tort? 
a. An intentional tort occurred.
b. An injury resulted from the tort.
c. The tort did not cause the injury.
d. The injury caused damages to the person.
33 Torts are grounded in the concept of 
a. law
b. court
c. rights
d. sincerity
34 What main element differentiates the crime of battery from the tort of battery?
a. In a criminal battery, two or more people must be present.
b. In a criminal battery, a person is actually injured. In a tort battery, the person
is not hurt.
 c. The unwanted touch; we have a right to be free from bodily harm.
d. There is no tort of battery. All batteries are crimes.

35 Which of the following is an example of trespass?

a.Ram walks in front of Raj’s house, staying on the sidewalk.
b. Joy hunts on Ram’s land without Ram’s permission. While there, joy
shoots one of Ram’s cows, mistaking the cow for a deer. Ram sells his cows
to make a living.
c. Josh borrows Luke’s car after Josh asks Luke to run to the store to pick up
some milk. 
d. Lisa walks into Heather’s house, who has invited her over for lunch.

36 A loud bass beat that can be heard through an apartment wall (from another
apartment) at midnight can be classified as
a. Nuisance
b. Trespass
c. Interference with contractual relations 
 d. Conversion

37 Defamation involves:
a. using a weapon.
b. at least 5 people to be present.
c. a contract.
d. making false statements about someone.

38 Why is defamation a tort?

a. Individuals have the right to be free from bodily harm.
b. Individuals have the right to conduct business without interference. 
c. Individuals have the right to own property.
d. Individuals have the right to enjoy a good reputation.

39 Which of the following constitutes slander?

a. Jayanthi tells Raj that Connie stole $500 from the cash register at work,
even though Jayanthi knows this is not true
b. Jayanthi writes an e‐mail to Raj falsely stating that Connie stole $500.
c. Diane calls Jayanthi a liar in court.
d. Dan tells Raj, his boss, that Jayanthi stole $500 from the cash register at
work. Dan and two other employees saw this.

40 Negligence involves: 
a. a crime
b. carelessness
c. assault
d. trespass
41 This tort occurs most often in society. 
a. Assault
b. Nuisance
c. Defamation
 d. Negligence
42 . Why is a reasonable person test used to determine breach of duty in a
negligence case? a. Because each tort case is quite similar.
b. Because negligence involves being reasonable.
c. Because a breach of duty occurs when a person does not exercise the
degree of care that a reasonable person would in the same situation
d. Because only reasonable persons are involved in breaches of duty.

43 Damnum sine injuria means ———————

Ans – damage without injury 

44 Injuria sine damno means

Ans – injury without damage 
45 Compensation provided in the tort 
Ans – unliquidated damages 
46 Origin of word tort 
Ans – containing French origin
47 Law of torts propounded by 
Ans – by SALMOND 
48 Inducement of breach of contract established in
Ans-Lumley vs Gye 
49 Tort of deceit found in which case ? 
Ans – Pasley vs Freeman 
50 Strict liability case 
Ans – Ryland vs Fletcher 
51 Privity of Contract 
Ans – Donoghue vs Stevenson 

52 Absolute liability case ?

Ans- A.C.Mehta vs UOI

53 What is meant by the term ‘actionable per se‘?

a) Actionable only in the civil courts
b) A tort of strict liability
c) Actionable without proof of damage
d) Actionable at the instance of the injured party only
54 Which of the following interests is not protected by the law of tort?
a) Loss of commercial profit due to competition
b) Reputation
c) Physical safety
d) Peaceful enjoyment of one’s land

55 The law of contract is different from the law of tort in which way?
a) It is actionable in both the civil and criminal courts
b) It generally concerns a relationship between two parties only
c) Contracts are always written
d) Tort is made up predominantly of statute law

56 What is the primary function of the law of tort?

a) The punishment of a wrongdoer
b) The clarification of the human rights of parties
c) The spreading of losses throughout society
d) Compensating the claimant

57 Which of the following is not a required element in establishing a negligence

action?
a) Breach of duty
b) Malicious intent on the part of the defendant
c) Duty of care
d) Causation of damage of a legally recognised type

58 Which of the following best describes the main function of ‘duty of care’ in
negligence?
a) It ensures that the correct defendant is sued
b) It ensures that the claimant is always within the time limit for bringing an
action
c) It ensures that the tort of negligence does not extend too widely
d) It ensures that the wrongdoer has actually been careless

59 Which one of the following interests are not protected by the law of tort?
 A. Peaceful enjoyment of one’s land
B. Reputation
C. Loss of commercial profit due to competition
D. Physical safety

60 What the Injuries Board is…

A. a body that advises the court
B. a type of court that calls witnesses.
C. a no-fault compensation body
D. a body that assesses personal injury claims

61 What is meant by the term ‘actionable per se’?

A. Actionable without proof of damage
B. Actionable at the instance of the injured party only
C. Actionable only in the civil courts
D. A tort of strict liability

62 Law of the contract is different from the law of tort in which way…?
A. It is actionable in both the civil and criminal courts
B. Tort is made up predominantly of statute law
C. Contracts are always written
D. It generally concerns a relationship between two parties only
63 Which one is the primary function of the law of tort..?
A. Compensating the claimant
B. The spreading of losses throughout society
C. The punishment of a wrongdoer
D. The clarification of the human rights of parties
64
5. Which the Article 8 of the European Convention on Human Rights
protects which right…?
A. The right not to be subjected to torture
B. The right to respect for private and family life
C. The right to freedom of religion
D. The right to freedom of expression

64 What are the remedies provided by the Human Rights Act 1998 are
intended to regulate the activities of whom…
A. Business with European connections
B. Judges and Members of Parliament only
 C. Public authorities
D. Individuals

66 Which one of the following groups are required by law to be insured?

A. Employers
B. Parents of children
C. Homeowners
D. All public authorities
E. None of these

67 Which of the following is not an objective of the law of tort?

A. Compensation
B. Corrective justice
C. Deterrence
D. Imposition of moral blame

68 Which of the following is the main alternative to tort, for the provision of
compensation…
A. First party insurance
B. Criminal Injuries Compensation
C. State social security
D. Charity

69 What is the Compensation Act 2006 s 1 has what purpose…

A. To restrict the growth of the ‘compensation culture’
B. To encourage more responsible conduct from doctors and other
professionals
C. To deter claimants from bringing unnecessary legal actions
D. To set out clearly what is meant by a duty of care in negligence
The following is not a tort described as ‘trespass to the person…
A. Battery
B. False imprisonment
C. Public nuisance
D. Assault

70 Which of the following is not a defense to trespass to the person?

A. Lawful authority
B. Contributory negligence
C. Self-defense
D. Necessity