1.

Which of the following are factors that judge may take into account when determining if the defendant
has fallen below the standard appropriate to the duty that he owes?

a) foreseeability of harm
b) the magnitude of the risk
c) whether the claimant has contributed to his own harm
d) the practicability of precautions

2. Which statement(s) is(are) true with regard to defenses against liability claims?
I. Under contributory negligence, if you contribute to your injury, you cannot recover damages.
II. Under comparative negligence, if you contribute to your injury, you cannot recover damages.

A. I only
B. II only
C. Both I and II D.
Neither I nor II

3. Amanda needed surgery on her right knee. When the anesthesia wore off after the operation, she
noticed surgical wrapping around both knees. When she asked the nurse why both knees were wrapped,
the nurse replied that the surgeon made an incision on her left knee, discovered the mistake, and
proceeded with the operation on the right knee. What modification of the law of negligence will Amanda
probably be able to invoke to recover damages from the surgeon?
A. Contributory negligence
B. Negligence per se
C. Res ipsa loquitur
D. Comparative negligence

4. All of the following are legal defenses to liability claims EXCEPT:

A. Contributory negligence
B. Assumption of the risk
C. Vicarious liability
D. Comparative negligence
5. A state statute requires machinery in industrial plants to include automatic shutoff switches accessible
to each employee working on the machine. Provinzano Piping’s equipment does not have these switches.
Jason, a Provinzano employee, suffers an injury that an accessible shut-off switch would have prevented.
Jason’s best theory for recovery against Provinzano is:
A. Assumption of risk
B. Negligence per se
C. Res ipsa loquitur
D. Battery

6. Linda, a driver for Swift Transportation, causes a five-car accident on an interstate highway. Linda and
Swift are liable to:
A. All those who are injured.
B. Only those whose injuries could reasonably have been foreseen.
C. Only those whose cars were immediately ahead and behind Linda’s vehicle.
D. Only those who do not have insurance.

7. The proximate cause requirement for a negligence tort is most likely NOT met where:
A. A customer becomes ill from food that is carelessly packed at a processing plant.
B. A patient becomes sick from a doctor carelessly prescribing the wrong medicine.
C. A customer in a building supply store carelessly drops a small can of paint that breaks open and is
ignited from a spark caused when the metal can hits the concrete floor.
D. A driver injures a pedestrian when rounding a curve at twice the legal speed limit.
E. The victim of an accident was aware, prior to the actual accident, that the accident was likely to occur.

8. Driving his sport utility vehicle negligently, Winnie crashes into a streetlight. The streetlight falls,
smashing through the roof of a house, killing Piglet instantly. But for Winnie’s negligence, Piglet would
not have died. Regarding the death, the crash is the:
A. Cause in fact
B. Intervening cause
C. Proximate cause
D. Superseding cause
9. Milo invites Morton into her apartment. Morton commits trespass to land if he:
A. Enters the apartment with fraudulent intent.
B. Harms the apartment in any way.
C. Makes disparaging remarks about Milo to others.
D. Refuses to leave when Milo asks him to go.⁵

10. Christy, a nurse, hires Adam, an accountant, to handle her accounts. Dissatisfied with Adam's work,
Christy sues him, alleging negligence. Adam may successfully defend against the suit by proving that he:
A. Did not injure Christy in any way.
B. Does not know every principle of accounting.
C. Performed as well as an ordinary person could have.
D. Performed as well as Christy could have.

11. Paula locks Tony in a ground floor room. Tony sues Paula for false imprisonment. Which of the
following is true?
A. Paula would escape liability if she let Tony out of the room after one hour.
B. According to some courts, Paula would escape liability if Tony slept through the entire period that the
door was locked and thus was unaware that he was being detained.
C. Even if Tony could easily have escaped through an open window, Paula still is liable.
D. Paula would not be liable if Tony could have escaped by traveling two miles through a narrow, filthy,
rat- infested sewer line that periodically floods with water.

12. Smitha goes diving during her Carnival Cruise. Carnival has Smitha sign a waiver form indicating
that, if she is injured by a shark, she cannot sue Carnival. Smitha was bitten by a shark during her dive.
Smitha sues Carnival. Carnival’s best defense is
A. Comparative negligence
B. Contributory negligence
C. Implied assumption of risk
D. Express assumption of risk

13. The act of unlawfully entering into another’s property constitutes

(a) Trespass
(b) Restraint
(c) Appropriation
(d) Encroachment

14. 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.

15. The Railway authorities allowed a train to be over-crowded. In consequence, a legitimate passenger,
Mr. X got his pocket picked. Choose appropriate answer-
(a) Mr. X can sue the railway authorities for the loss suffered.
(b) Mr. X cannot sue because he had given his consent to travel in over-crowded train.
(c) Mr. X cannot sue the railway authorities because there was no infringement of legal right and mere
fact that the loss was caused does not give to a cause of action.
(d) None of the above.

16. 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
17. 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

18. If the consequences of a wrongful act could be foreseen by a reasonable man, then they are not too
remote. If on the other hand, a reasonable man could not have foreseen the consequences, then they are
too remote. And, an individual shall be liable only for the consequences which are not too remote i.e.
which could be foreseen.
A) True
B) False
C) May be
D) I don’t know

19. According to the test of directness, a person is liable for all the direct consequences of his wrongful
act, whether he could foresee them or not; because consequences which directly follow a wrongful act are
not too remote.

A) This statement is true

B) this statement is false
C) Both a and b
D) neither a nor b

20. The defendant’s servants negligently left a house van unattended in a crowded street. The throwing of
stones at the horses by a child, made them bolt and a policeman was injured in an attempt to stop them
with a view to rescuing the woman and children on the road.

A) These facts relate to Haynes v. Harwood

B) these facts relate to Ashby v. White
C) these facts relate to Bhim Singh v. State of J & k
D) None of the above

21. Quasi-judicial is also known as a non-judicial body which has the ability to interpret law. It is an
entity or an agency, which has powers and procedures that resemble a court of law or judge, and which is
obliged to determine facts and draw conclusions from them so as to provide the basis of an official action.
A) True
B) False
C) May be
D) I don’t know
22. Private Nuisance is that kind of nuisance in which a person’s use or enjoyment of his property is
ruined by another. It may also injuriously affect the owner of the property by physically injuring his
property or by affecting the enjoyment of the property.
A) True
B) False
C) May be
D) I don’t know

23. Elements which constitute a private nuisance

A) The interference must be unreasonable or unlawful. It is meant that the act should not be justifiable in
the eyes of the law and should be by an act which no reasonable man would do.
B) Such interference has to be with the use or enjoyment of land, or of some rights over the property, or it
should be in connection with the property or physical discomfort.
C) There should be seeable damage to the property or with the enjoyment of the property in order to
constitute a private nuisance.
D) All of the above

24. An injunction is a judicial order restraining a person from doing or continuing an act which might be
threatening or invading the legal rights of another.
A) It is a remedy available under torts
B) it is not a remedy available under torts
C) Neither a nor b
D) None of the above

25. The damages may be offered in terms of compensation to the aggrieved party.
A) Under law of torts
B) not under law of torts
C) neither a nor b
D) all of the above

26. Trespass, on one hand, is the direct physical interference with the plaintiff’s possession of the
property through some material or tangible object whereas, in the case of a nuisance, it is an injury to
some right of the possession of the property but not the possession itself. Is this statement true?
A) yes, there is a difference between nuisance and trespass
B) No, there is no difference
C) neither a nor b
D) none of the above

27. The concept of nuisance arises commonly in everyone’s daily life, in fact, the Indian courts have
borrowed quite a lot from the English principles as well as from the decisions of the common law along
with creating their own precedents.
A) this leads to the development of torts jurisprudence in India
B) This is not true
C) this does not lead to development
D) none of the above

28. The law of torts consists of rules recognized and acted on by courts of justice.
A) which is also known as Judge made law
B) which is known as international law
C) which is known as criminal wrong
D) none of the above

29. “Torts” are “civil wrongs” that the injured party can seek legal redressal for. Usually, the injured party
in a tort action is entitled to claim un-liquidated damages-
A) True
B) False
C) Both
D) None
30. The law of Torts in India came through England. After the Norman Conquest, French became the
spoken language in England’s judiciary and thus many of the English law’s technical terms owe their
origin to French and tort is one of them. The term ‘tort’ is based on the concept that there are certain
rights for everyone in society. The purpose of this tort law was to enforce rights and duties.

A) Correct
B) Incorrect
C) I don’t know
D) May be

31. ‘Necessity knows no law’. In order to avoid or prevent a great loss or harm, a defendant can cause
lesser harm that is justified. The act of the defendant may be not legal but if it is to avoid major damage
then he can plead this defense.
A) it is a valid defense in law of torts
B) invalid defense
C) both a and b
D) nether a nor b

32. A very unusual act or an event which is the result of the natural forces such as earthquakes, volcanic
eruptions, floods, droughts, etc. is coined as Act of God or ‘Vis major’. It is beyond human imagination
and could not be prevented by human intervention.

A) Highly incorrect statement

B) highly correct statement
C) I don’t know
D) may be option (a)

33. Another general defense is statutory Authority.

A) No
B) Yes
C) false
D) none

34. When a plaintiff himself is the wrongdoer, it is based on the maxim ex turpi causa that if the plaintiff
himself is engaged in the wrongful act or conduct, then he cannot recover damages. Choose from the
following options -

A) incorrect proposition
B) not sure
C) correct proposition
D) balanced proposition

35. In volenti non fit injuria, if a plaintiff has consented to a wrongful act with free content, either express
or implied, under no pressure of fraud or coercion, with voluntary acceptance of risk, then he has no right
to sue the defendant. Also, there should be a duty on behalf of others.

A) according to the above, Plaintiff may have a chance to sue

B) according to the above, Plaintiff may not have a chance to sue
C) above statement is correct and practical
D) above statement is impractical

36. Which among these is not a General Defense.

A) Mistake
B) Private Defense
C) Inevitable Accident
D) Public Defense

37. The term tort is the French equivalent of the English word ‘wrong’ -
A) True
B) False
C) unsure
D) none

38. A tort is inflicted against or without consent; a contract is founded upon consent.

A) this difference is important

B) there is no difference between tort and contract
C) it does not matter
D) none of the above
39. Motive is often taken into consideration in tort, but it is immaterial in a breach of contract.
A) False
B) Motive may become important in determining liability in a specific tort
C) motive and intention are the same things
D) None

40. In certain cases the same incident may give rise to liability both in contract and in tort. For example,
when a passenger whilst traveling with a ticket is injured owing to the negligence of the railway
company, the company is liable for a wrong which is both a tort and a breach of a contract.

A) This is not possible

B) this is possible
C) highly unlikely
D) none

41. Quasi contract cover those situations where a person is held liable to another without any agreement,
for money or benefit received by him to which the other person is better entitled.

A) true
B) false
C) quasi contract is same as contract
D) none

42. Being a civil injury, tort differs from crime in all respects in which a civil remedy differs from a
criminal one.

A) may be
B) absolutely yes
C) no
D) I don’t know
43. In general, a tort consists of some act done by a person who causes injury to another, for which
damages are claimed by the latter against the former.

A) damages mean physical harm

B) damages mean unliquidated damages in torts
C) damages mean nothing
D) damages and damage are the same in torts

44. There are many acts which though harmful are not wrongful and give no right of action to him who
suffers from their effects.
A) it is called Damnum Sine Injuria
B) it is called injuria sine damnum
C) it is called res ipsa loquitor
D) it is called respondeat superior

45. The law of torts is said to be a development of the maxim ‘ubi jus ibi remedium’ or ‘there is no wrong
without a remedy’.
A) correct
B) incorrect
C) may be correct
D) I don’t know

46. To constitute a tort there must be a wrongful act, whether of omission or commission-
A) no, it has to be commission of act only
B) it could be both commission and omission of doing an act
C) it has no logic
D) none

47. malice is not essential to the maintenance of an action for tort.

A) correct
B) incorrect
C) may be correct
D) I don’t know

48. Tort is 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-
A) definition by Salmond
B) By Winfield
C) by Plato
D) by Grodski

49. In the case of contract, the duty is owed to a definite person(s) while in tort, the duty is owed to the
community at large i.e. duty in- rem.
A) yes
B) no
C) may be
D) none
50. The aim of litigation in torts is to compensate the injured party while in crime; the offender is
punished by the state in the interest of the society.

A) logical statement
B) illogical statement
C) wrong
D) none