Law of Torts Multiple Choice Questions
1. Tort is a:
A. Civil wrong
B. Criminal wrong
C. Civil as well as criminal wrong
D. None of the above
Answer: A
2. Tort means a civil wrong which is not exclusively a breach of contract or breach of trust. This definition is from statutory
A. The Limitation Act
B. The Specific Relief Act
C. The Indian Contract Act
D. None of the above
Answer: A
3. Section 2(m) of Limitation Act defines tort as:
A. a civil wrong which is not exclusively breach of contract or breach of trust
B. a civil wrong which includes breach of contract or breach of trust
C. a civil wrong which includes breach contract but not breach of trust
D. a civil wrong which includes breach of trust but not breach of contract.
Answer: A
4. 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. Winfield
C. John Salmond
D. Fraser
Answer: B
5. Salmond has defined ‘tort as:
A. a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of trust or other merely equitable obligation
B. tortious liability arises from the breach of a duty primarily fixed by the law towards the persons generally and its breach is redressible by an action for unliquidated damages
C. an infringement of a right in rem of a private individual giving aright of Compensation at the suit of the injured party D. none of the above.
Answer: A
6. The duty under the Law of tort is:
A.towards a specific individual
B.towards a group of individuals
C.towards the world at large
D. both A. & B..
Answer: C
7. Tort is a violation of:
A. a right in personam
B. a right in rem
C.both right in personam & a right in rem
D.neither a right in personam nor a Right in rem.
Answer: B
8. Law of tort has developed mainly through:
A.customs & precedents
B.judicial decisions
C.enactments
D. all the above.
Answer: B
9. The propounder of pigeon hole theory is:
A. Salmond
B. Winfield
C. Clerk & Lindsell
D. Austin.
Answer: A
10. ‘ubi jus ibi remedium’ means:
A. where there is a right, there is a remedy
B. there is no remedy without a wrong
C. there is no wrong without a remedy
D. there is no right without a remedy.
Answer: C
11. The maxim injuria sine damno has been explained in:
A. Danoghue v. Stevenson
B. Winterbottom v. Wright
C. Ashby v. White
D. Lumley v. Gye.
Answer: C
12. Liability in tort depends upon:
A. Quantum of damages suffered
B. Involvement of Intention
C. Infringement of legal right
D. Effect on public interest
Answer: C
13. 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
Answer: C
14. In a breach of contract, damages may be:
A. Liquidated
B. Unliquidated
C. Liquidated or unliquidated
D. None of the above
Answer: A
15. Who among the following holds that there is no law of tort but there is Law of Torts ?
A. Winfield
B. Salmond
C. Austin
D. Blackstone
Answer: B
16. The main supporter of the theory that it is a law of Tort and ‘not law of Torts is
A. Winfield
B. Salmond
C. Fleming
D. Heuston
Answer: A
17. Gloucester Grammer School case explains:
A. injuria sine damno
B. damnum sine injuria
C. respondents superior
D. remoteness of damages.
Answer: B
18. Malice in law means
A. wrongful act done intentionally but
B. wrongful act done intentionally with just
C. wrongful act done intentionally with good motive
D. wrongful act done intentionally with evil without just cause or excuse cause & excuse motive
Answer: A
19. The decision in Ashby v. White Furthers
A. Salmond theory
B. Winfield theory
C. both A. & B.
D. neither A. nor B..
Answer: B
20. Volenti non fit injuria is
A.a defence in an action for torts
B.a ground for initiation action for torts
C.not a defence in an action for torts
D. both B. & C. above.
Answer: A
21. The maxim ‘volenti non fit injuria’ applies:
A. when one is compelled to do work despite his protest
B. when one adopts a risky method of work under his own free will
C. when one works under constant risk of life but during the accident, he was not warned though he is aware of the risk
D. both A. & C..
Answer: B
22. The defence of volenti non fit injuria, is not available:
A. if the consent is obtained by compulsion
B. if the consent is obtained by fraud
C.if the consent is obtainedunder a mistake
D. all the above.
Answer: D
23. The scope of availability of the defence of violenti non-fit injuria
A. has been restricted in rescue cases
B. has been restricted by the Unfair Contract Term Act, 1977 in England
C. cannot be restricted except in cases consent without free will
D. A. & B. above.
Answer: D
24. In tort the private defence is:
A. not available
B. is available to protect one’s person under criminal law
C. is available to protect one’s property under criminal law
D. both B. & C..
Answer: D
25. The following are actionable torts as well as criminal offences:
A. Assault
B. Battery
C. False imprisonment
D. All of the above
Answer: D
26. 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)
Answer: A
27. Act of State means:
A. an exercise of power against an alien and neither intended nor purporting to be regally founded:
B. an exercise of power against his own subjects
C. an exercise of Power against the alien as well as his own subjecte
D. none of the above.
Answer: A
28. An act done as Act of State has to be justified:
A. on positive law of the land
B. on political expediency
C. on positive law & political expediency both
D. none of the above.
Answer: B
29. When two or more persons commit some tort against the same person they are:
A. independent tort feasors
B. joint tort feasors
C. either independent tort feasors or joint tort feasors
D. neither A. nor B..
Answer: C
30. The liability of independent tort feasors
A. joint only
B. several only
C. joint& several
D. neither joint nor several.
Answer: B
31. The liability of joint tort feasors is
A. only joint
B. only several
C. joint & several
D. neither joint nor several.
Answer: C
32. In Ushaben Trivedi v Bhagyalaxmi Chitra Mandir it was held that hurt to religious feeling:
A. Is an actionable wrong
B. Not an actionable wrong
C.Question kept open
D. None of the above
Answer: A
33. ‘Novus actus interveniens is related to
A. Remoteness of consequence
B. Possible consequence
D. Direct consequence
D. None of the above
Answer: A
34. 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. are correct
D. None of the above
Answer: C
35. 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
Answer: A
36. The maxim salus populi suprema lex means:
A. No man is above the law
B. The welfare of the people is supreme law
C. Act of God
D. None of the above
Answer: B
37.According to Justinian every action contrary to law is:
A. Liberty
B. Power
C. Damnum
D. Injury
Answer: D
38.The doctrine of vicarious liability applies when there is a:
A. relationship of principal & agent
B. relationship of partners
C. relationship of master & servant
D. all the above.
Answer: D
39. Under the rule of vicarious liability
A. master is liable for the torts committed by his servant
B. employer is liable for the torts committed by his employee
C. employer is not liable for the torts committed by an independent contractor
D. both A. & B. are incorrect.
Answer: C
40. Vicarious liability in case of independent contractor does not arise:
A. as only what to do is present
B. as only how to do is present
C. as none of the two is present
D. as none of the two is absent.
Answer: A
41. Vicarious liability of master arises
A. in case of theft of property of a third person bailed to the master
B. in case of theft of property of a third person not bailed to the master
C. neither A. nor B. as the act of committing as an act of committing theft is not covered
D. Both A. and B. as it makes no difference whether the goods are bailed or not bailed to the master.
Answer: B
42. The law of torts is largely:
A. Codified
B. Un-codified
C. Systematic
D. Comprehensive
Answer: B
43. 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
Answer: C
44. In India, the scope of the doctrine of common employment was restricted by:
A. The Indian Employers’ Liability Act, 1938
B. The Workmen’s Compensation Act, 1923
C. The Employees’ State Insurance Ach 1948
D. All the above.
Answer: D
45. Remoteness of damages is determined by:
A. the test of directness
B. the test of reasonable foresight
C. both A. & B.
D. none of the above.
Answer: C
46. The test of reasonable foresight in determining the remoteness of damages was first applied in:
A. Re: Polemis
B. Wagon Mound case
C. Doughty v. Turner Manufacturing Co. Ltd.
D. S.C.M. (United Kingdom) Ltd. v. W.J. Whittal & Sons.
Answer: B
47. For ‘false imprisonment there should be:
A. total restraint on the liberty of a person
B. a partial restraint on the liberty of a person
C. means of escape
D. all the above.
Answer: A
48. Defamation is divided into libel and slander under:
A. English law only
B. Indian law only
C. both under English law and Indian law
D. none of the above.
Answer: A
49. For defamation
A. intention to defame is not necessary
B. intention to defame is necessary
C.statement made believing is to be innocent makes a difference
D. either A or C
Answer: A
50. Action for defamation can be brought by:
A. an individual
B. a partnership firm
C. a company
D. both A & C
Answer: D