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Law of Torts
DEFINITION, ESSENTIALS, NATURE AND SCOPE....................................................................... 1
GENERAL DEFENCES..................................................................................................................... 8
JOINT TORTFEASORS & REMOTENESS OF DAMAGE..............................................................10
VICARIOUS LIABILITY, STRICT AND ABSOLUTE LIABILITY..................................................... 11
BATTERY, ASSAULT & FALSE IMPRISONMENT......................................................................... 14
NUISANCE...................................................................................................................................... 15
NEGLIGENCE................................................................................................................................. 17
DEFAMATION..................................................................................................................................19
MALICIOUS PROSECUTION, TRESPASS & CONVERSION........................................................20

DEFINITION, ESSENTIALS, NATURE AND SCOPE

1. Tort is a special branch of Law which d. The Indian Penal Code, 1860
originated in- Ans. (b) [AJS 2015]
a. America
b. France
Explanation: Tort' is defined in Section
c. India
2(m) Limitation Act, 1963 as: “Tort is a civil
d. England
wrong which is not exclusively breach of
Ans. (d) [BJS 2009]
contract or breach of trust”.

Explanation: Tort law is a special branch

of law that originated in England. It
3. "Tort" is defined in the Limitation Act, 1963
developed through the common law
under section-
system, which is based on judicial
a. 2(k)
decisions and precedents rather than
b. 2(l)
statutory codes. Tort law addresses civil
c. 2(m)
wrongs, providing remedies for individuals
d. 2(n)
who have suffered harm due to the actions
Ans. (c) [AJS 2015]
or negligence of others. The principles
established in English tort law have
significantly influenced tort law in many Explanation: Tort' is defined in Section 2(m)
other jurisdictions, including India. Limitation Act, 1963 as: “Tort is a civil
wrong which is not exclusively breach of
contract or breach of trust”.

2. The definition of 'tort' is contained in-

a. The General Clauses Act, 1897
b. The Limitation Act, 1963 4. The word 'Tort' is derived from the
c. The Indian Contract Act, 1872 _______ word Tortum meaning 'Twist'.
a. English

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b. French
c. Latin Explanation: The law of torts has primarily
d. Greek developed through judicial decisions.
Ans. (c) [ACS (Pre) 2016] Courts have played a crucial role in
shaping tort law by interpreting and
Explanation: The word 'tort' is derived applying principles to individual cases,
from the Latin word 'tortum', which means creating precedents that guide future
'twist' or 'wrong'. This reflects the concept decisions. While customs and statutes
of a wrongful act that twists or deviates (enactments) also influence tort law, the
from the standard of conduct expected in foundational development has been
society. Tort law addresses civil wrongs through the case law established by judicial
that cause harm or loss, providing rulings.
remedies to the injured parties. The term
was later adopted into French and then into
English legal terminology.

7. The law of tort in India is based on-

5. Tort implies a twisted- a. Common Law of England
a. deterrence b. Droit Administratif of France
b. Volition c. the Constitution of India
c. conduct d. the Bill of Rights of USA
d. consent Ans. (a) [ACS (Pre) 2013, 2016]
Ans. (c) [ACS (Pre) 2014]

Explanation: The law of tort in India is

Explanation: Tort implies a twisted based on the Common Law of England.
conduct. The term 'tort' originates from the Indian tort law has its roots in the English
Latin word 'tortum', meaning twisted or common law system, introduced during
crooked. It refers to a wrongful act or an British colonial rule. This body of law has
infringement of a right leading to civil legal been developed through judicial decisions
liability. In tort law, twisted conduct signifies and precedents. Indian courts continue to
behaviour that deviates from accepted refer to English common law principles
legal standards, causing harm or loss to while also considering the local context and
another person. statutory modifications.

6. Law of tort has developed mainly through- 8. Basically, tort is a species of

a. Customs and precedents a. Criminal injury or wrong
b. Judicial decisions b. Substantial injury or wrong
c. Enacuments c. Civil injury or wrong
d. All the above d. None of the above
Ans. (b) [U.P. HJS 2016, ACS (Pre) 2014, Ans. (c) [A.P. CS 2013, Tripura
WBJS 2015, Tripura JS 2015, AJS 2011] JS 2015, 2017, WBJS 2015, AJS 2011]

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Explanation: Tort is a species of civil injury Explanation: For a wrong, both tortious and
or wrong. It involves a breach of a duty that criminal liability may arise. Tortious liability
the law imposes on individuals, which involves a civil wrong causing harm or loss,
results in harm or loss to another leading to legal liability and compensation
individual. Unlike criminal law, which claims. Criminal liability pertains to
addresses offences against the state, tort offences against the state or public,
law provides remedies to individuals who punishable by law. Certain acts, like
have suffered harm due to the actions or assault or defamation, can simultaneously
negligence of others. constitute a tort (private wrong) and a
crime (public wrong), making the
wrongdoer liable under both legal domains.
9. Who divided wrongs as private wrongs and
public wrongs?
a. Fraser 11. The duty under the law of tort is towards-
b. Sir F. Pollock a. a specific individual
c. Justice Blackburn b. a group of individuals
d. Blackstone c. the world at large
Ans. (d) [BJS 2020] d. Both (A) and (B)
Ans. (c) [BJS 2012, 2020]
Explanation:The division of wrongs into
private wrongs and public wrongs was Explanation:The duty under the law of tort
made by Blackstone. Blackstone, an is towards the world at large. In tort law, the
influential English jurist, categorised duty is a general obligation imposed by law
wrongs to distinguish between offences on individuals to act in a manner that does
against individuals (private wrongs) and not cause harm to others. This duty is not
offences against the state or public (public owed to a specific person or group but to
wrongs). This classification is fundamental society as a whole. Breach of this duty,
in understanding the difference between resulting in harm, may lead to a tortious
civil law, which addresses disputes claim for damages.
between private parties, and criminal law,
which deals with offences against society
as a whole.
12. Tort is a violation of-
a. Right in personam
b. Right in rem
10. Whether for a wrong both tortious and c. Both Right in personam and Right in
criminal liability may arise? rem
a. Only tortious liability may arise d. None of the above
b. Only criminal liability may arise Ans, (b) [WBJS 2015, AJS 2011, A. P.
c. Both the liabilities may arise & N.JS, 2017, Tripura JS 2015]
d. None of the above
Ans. (c) [BJS 2018]
Explanation:Tort is a violation of a right in
rem. A right in rem is a right against the

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world at large, as opposed to a right in legal right vested in the plaintiff. This
personam, which is a right against a means that the defendant must have either
specific individual. In tort law, the duty done something they should not have or
breached is a duty owed to society failed to do something they should have,
generally, and the violation of this duty and this act or omission must have
constitutes a tort, leading to legal remedies infringed upon the plaintiff's legal rights,
such as compensation for the harmed causing harm or loss. Both elements are
party. essential to establish a tortious claim.

13. A tort is breach of duty, which is- 15. Which statements is correct for an act of
a. imposed by the parties tort?
b. imposed by the law a. It is a civil wrong
c. imposed by the penal law b. All civil wrongs are not tort
d. imposed by the society c. It gives a right in rem
Ans. (b) [BJS 2016] d. All of the above
Ans.(d) [BJS 2016]
Explanation: A tort is a breach of duty,
which is imposed by the law. This means Explanation: All the statements are correct
that the duty to act or refrain from acting in for an act of tort. A tort is indeed a civil
a certain way is established by legal wrong distinct from criminal wrongs.
standards, not by any agreement between However, not all civil wrongs are classified
parties or societal norms. When this legal as torts. Additionally, a tort involves a right
duty is breached, resulting in harm or injury in rem, which is a right enforceable against
to another, the wrongdoer may be held the world at large, protecting the interests
liable under tort law, entitling the injured of individuals from wrongful acts.
party to seek damages.

16. "Tortious liability arises from the breach of

14. To constitute a tort- a duty primarily fixed by the law. This duty is
a. There must be some act or omission towards persons generally and its breach is
on the part of defendant redressible by an action for unliquidated
b. The act or omission should result in damages."
violating of legal right vested in the
plaintiff The above definition was given by-
c. Both (A) & (B) a. Winfield
d. Either of the two b. Pollock
Ans. (c) [WBJS 2015, TJS 2017] c. Salmond
d. None of them
Ans. (a) [ACS 2013, BJS 2018]
Explanation:To constitute a tort, there must
be both an act or omission on the part of
the defendant and a resulting violation of a

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Explanation:This definition was given by right, even though he suffered no actual

Winfield. He describes tortious liability as damage or loss. The court held that the
arising from a breach of duty fixed by law, violation of the right itself was sufficient to
not by the parties themselves. This duty is warrant a remedy.
towards persons generally, and the breach
of such duty is redressible by an action for
unliquidated damages, meaning
19. Which one of the following cases
compensation determined by the court.
explains the maxim ‘injuria sine damnum’?
a. Vishnu Datt. vs. Board of Education,
UP
17. Injuria sine damnum means- b. Bhim Singh vs. State of Jammu and
a. infringement of private legal rights Kashmir
without damage or loss c. Ushaben vs. Bhagyalaxmi Chitra
b. infringement of public legal rights Mandi
without damage or loss d. Town Area Committee vs. Prabhu
c. Both (A) and (B) are right Dayal
d. Both (A) and (B) are wrong Ans. (b) [ACS 2013]
Ans. (a) [ACS 2016]
Explanation: The case of Bhim Singh vs.
Explanation:Injuria sine damnum means State of Jammu and Kashmir explains the
the infringement of private legal rights maxim ‘injuria sine damnum’. In this case,
without any actual damage or loss. This Bhim Singh, an MLA, was unlawfully
legal principle implies that even if there is detained by the police, preventing him from
no physical harm or financial loss, the attending a legislative session. Although
violation of a legal right itself is sufficient to there was no physical damage, his legal
constitute a tort and entitle the injured party right to attend the session was infringed
to seek legal remedy. upon. The court recognized the violation of
his rights without actual damage, thereby
applying the principle of ‘injuria sine
damnum’.
18. Ashby vs. White case is a leading case to
explain the maxim-
a. injuria sine damno
b. damnum sine injuria 20. Damnum sine injuria is a Latin maxim
c. volenti non fit injuria which means -
d. ubi jus ibi remedium a. damage caused to plaintiff with legal
Ans. (a) [ACS 2014] injury
b. damage caused to plaintiff without
legal injury
Explanation:The Ashby vs. White case is a
c. damage which is actionable
leading case that explains the maxim
d. None of the above
"injuria sine damno." In this case, the
Ans. (b) [BJS 2020, WBJS
plaintiff's right to vote was denied, which
2018, ACS 2016, A. P. & N. JS 2017]
constituted an infringement of his legal

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Explanation: Damnum sine injuria is a Latin Explanation: 'Ubi jus ibi remedium' means
maxim which means damage caused to the "where there is a right, there is a remedy."
plaintiff without legal injury. This principle This legal maxim asserts that if a legal right
signifies that not all damages or losses has been violated, the law provides a
suffered by a person are legally actionable. means to seek redress or remedy. It
For a claim to be valid under tort law, there underscores the principle that the
must be a violation of a legal right. If the existence of a right implies the availability
damage occurs without such a violation, no of a legal remedy to enforce that right or
legal remedy is available, even if the loss is compensate for its violation, ensuring
significant. justice is upheld.

21. Gloucester Grammar School Case 23. The principle ubi jus ibi remedium was
explained the principle of- recognized in -
a. damnum sine injuria a. Winterbottom v. Wright
b. injuria sine damno b. Chapman v. Pickersgill
c. remoteness of damage c. Ashley v. White
d. vicarious liability d. Rylands v. Fletcher
Ans. (a) [ACS 2014, BJS 2009] Ans. (c) [ACS 2016]

Explanation:The Gloucester Grammar Explanation:The principle "ubi jus ibi

School Case explained the principle of remedium" was recognized in the case of
damnum sine injuria. In this case, the Ashby v. White. This case established that
establishment of a new school led to when a legal right is infringed, there must
financial loss for an existing school due to be a remedy available. In Ashby v. White,
competition. However, the court held that the plaintiff's right to vote was unlawfully
the loss of profits, although real, did not denied, and the court held that the violation
result from any legal injury. This case of this right entitled him to a remedy, thus
illustrates that damage or loss without the reinforcing the maxim that for every wrong,
infringement of a legal right is not there is a remedy.
actionable under tort law.

24. The principle of 'ubi jus ibi remedium' was

22. 'Ubi jus ibi remedium’ means recognized in
a. where there is right, there is no a. Ashby vs. White
remedy b. Rylands vs. Fletcher
b. there is no remedy without a wrong c. Pasley vs. Freeman
c. there is no wrong without a remedy d. Lumley vs. Gye
d. there is no night without a remedy Ans. (a) [BJS 2020]
Ans. (c) [AJS 2015, ACS 2013, 2015]
Explanation:The principle "ubi jus ibi
remedium" was recognized in the case of

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Ashby v. White. This case established that of distinct, separate torts or wrongful acts,
when a legal right is infringed, there must each recognized by the law, rather than a
be a remedy available. In Ashby v. White, unified, overarching principle governing all
the plaintiff's right to vote was unlawfully tortious conduct.
denied, and the court held that the violation
of this right entitled him to a remedy, thus
27. Under the law of torts, the damages are-
reinforcing the maxim that for every wrong,
a. unliquidated
there is a remedy.
b. liquidated
c. Limited
25. The propounder of Pigeon-Hole Theory d. unliquidated but limited
is- Ans. (a) [ACS 2015, U.P. HJS 2009]
a. Salmond
b. Winfield
Explanation:Damages under the law of
c. Austin
torts are unliquidated, meaning they are
d. None of the above
not predetermined or fixed and are
Ans. (a) [BJS 2019, 2018, Tripura JS 2017]
assessed by the court based on the
circumstances of each case. The court
Explanation:The propounder of the determines the appropriate amount of
Pigeon-Hole Theory is Salmond. According compensation based on the extent of harm
to this theory, tort law is like a pigeon-hole or injury suffered by the plaintiff.
cabinet where each hole represents a
specific category of tort. If a plaintiff's
28. Damages awarded for tortious liabilities
grievance fits into one of these predefined
are
categories (or pigeon-holes), it constitutes
a. Liquidated
a tort. This theory emphasises that only
b. Unliquidated
those wrongs explicitly recognized by law
c. Penal
as torts can be actionable.
d. Imprisonment
Ans. (b) [W.B.CJ 2021]

Explanation:Damages awarded for tortious

26. Who among the following holds that there
liabilities are unliquidated. This means they
is no ‘law of tort, but there is law of torts'?
are not predetermined but are assessed by
a. Salmond
the court to compensate for the harm or
b. Winfield
injury caused. The amount is based on the
c. Both Salmond and Winfield
specific facts and circumstances of the
d. Neither Salmond nor winfield
case.
Ans. (a) [ACS 2014]

29. In unliquidated damage, the damage is-

Explanation: Salmond is the proponent of
a. pre-determined
the view that there is no singular 'law of
b. fixed by the parties before hand
tort' but rather a 'law of torts.' This
c. not predetermined
perspective suggests that the law consists
d. No legal action involved

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Ans. (c) [ACS 2013, AJS 2015]

was done with a specific intent to cause
harm or injury.
Explanation:In unliquidated damages, the
damage is not predetermined. The amount
is not fixed by any prior agreement and is
32. Which one of the following is not an
instead determined by the court based on
objective of the law of torts?
the specifics of the case, aiming to fairly
a. Deterrence
compensate the plaintiff for the injury or
b. Imposition of moral blame
loss suffered.
c. Compensation
d. Corrective justice
30. Malice inlaw means- Ans. (b) [ACS 2015]
a. Wrongful act done intentionally but
without just cause or excuse
Explanation:Imposition of moral blame is
b. Wrongful act done intentionally but
not an objective of the law of torts. The
without cause or excuse
primary objectives are deterrence
c. Wrongful act done intentionally with
(preventing future wrongs), compensation
good motive
(making the injured party whole), and
d. Wrongful act done intentionally with
corrective justice (correcting the wrong
evil motive
done to the victim).
Ans. (a) [AJS 2011]

Explanation:Malice in law refers to a

33. The maxim ex turpi causa non omtur aco
wrongful act done intentionally but without
means-
just cause or excuse. It does not require
a. From a immoral cause action arises
actual ill will or spite towards the victim;
b. from an immoral cause no action
rather, it is the intentional doing of a
arises
wrongful act without legal justification.
c. from an immoral cause action mayor
may not arise
d. None of the above
31. ‘Malice in fact’ means- Ans. (b) [ACS 2015]
a. a wrongful act done intentionally
without evil motive
Explanation:The maxim "ex turpi causa
b. a wrongful act done without just cause
non oritur actio" means "from an immoral
c. A wrongful act done with good motive
cause no action arises." This legal principle
d. a wrongful act done intentionally with
states that a person cannot pursue a legal
evil motive
remedy if it arises in connection with their
Ans. (d) [ACS 2015]
own illegal or immoral act.

Explanation:‘Malice in fact’ means a

wrongful act done intentionally with evil
34. To succeed in an action for the tort of
motive. It involves actual malice or ill will
negligence, what is required to be proved?
towards the victim, indicating that the act
a. Damages sustained

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b. Breach of duty owned to someone

breach of duty owed to the plaintiff. This
c. Breach of duty owned to the plaintiff
means demonstrating that the defendant
d. None of the above
owed a legal duty of care to the plaintiff,
Ans. (c) [BJS 2020]
that the duty was breached, and that this
breach caused harm or loss to the plaintiff.
Explanation:To succeed in an action for the
tort of negligence, it is required to prove a
GENERAL DEFENCES

1. Volenti non fit injuria is-

danger is not barred by the volenti defence,
a. A defence in an action founded on tort
recognizing the societal value of rescue
b. A ground for initiation of action for tort
efforts.
c. Not a defence in an action for tort
d. None of the above
Ans. (a) [AJS 2015]
3. The maxim' scienti non fit injuria' means
a. where there is no fault, there is no
Explanation: Volenti non fit injuria is a
remedy
defence in an action founded on tort. It
b. mere knowledge does not imply
means that if a person voluntarily consents
consent to take risk
to an activity that carries a known risk, they
c. mere giving does not imply consent to
cannot later claim for injuries resulting from
take risk
that risk. This defence applies when the
d. scientific knowledge is not enough to
plaintiff has willingly and knowingly
cause injury
assumed the risk of harm.
Ans. (b) [BJS 2018]

Explanation:The maxim 'scienti non fit

2. Which one of the following famous cases is
injuria' means "mere knowledge does not
related to an exception to the application of
imply consent to take risk." This legal
the pings volenti non fit injuria based on
principle indicates that just knowing about
rescue cases ?
a risk does not automatically mean that the
a. Haynes v. Harwood
person has consented to it, distinguishing it
b. Padmavati v. Dugganaika
from full voluntary assumption of risk.
c. Ashby v. White
d. Wooldridge v. Sumner
Ans. (a) [BJS 2016]
4. Which one of the following is not a valid
defence in tort?
Explanation:Haynes v. Harwood is related
a. Volenti non fit injuria
to an exception to the principle of volenti
b. Vis major
non fit injuria based on rescue cases. In
c. Scienti non fit injuria
this case, the court held that a person who
d. Consent
voluntarily risks harm to rescue someone in
Ans. (c) [BJS 2020]

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implies that despite all precautions, the

Explanation: Scienti non fit injuria is not a injury was unavoidable and unforeseeable.
valid defence in tort. While related to
knowledge of risk, it is distinct from volenti
non fit injuria, which requires voluntary
7. Which of the following is not a general
assumption of risk. Valid defences include
defence in tort ?
volenti non fit injuria (consent), vis major
a. Necessity
(act of God), and necessity.
b. Private defence
c. Consent
d. Economic instability
5. ‘Necessity’ is available as a defence when Ans. (d) [ACS 2016]
the harm is caused-
a. to prevent a greater evil
Explanation: Economic instability is not a
b. To prevent a smaller evil
recognized general defence in tort law.
c. To prevent no evil
General defences in tort law typically
d. All of the above
include necessity, private defence, and
Ans. (a) [ACS 2014]
consent, which justify the actions of the
defendant under certain circumstances.
Explanation:‘Necessity’ is available as a
defence when the harm is caused to
prevent a greater evil. This principle
8. Which out of the following cannot be used
justifies causing harm if it is necessary to
as defences in an action for tort?
avert a more significant danger or harm,
a. Acts of State
recognizing that in some situations, taking
b. Judicial acts
immediate action is essential for the
c. Statutory authority
greater good.
d. A tax payer
Ans. (d) [BJS 2009]

6. An inevitable accident means-

Explanation: Being a taxpayer does not
a. an act of God
provide a defence against an action for tort.
b. an unexpected injury which could not
Defences such as acts of state, judicial
have been foreseen and avoided
acts, and statutory authority are recognized
c. an unexpected injury which could
in tort law to shield certain actions from
have been foreseen and avoided
liability.
d. Both (A) and (B)
Ans.(b) [WBJS 2015, BJS 2012]

9. Rescue cases form an exception to the

Explanation: An inevitable accident refers
application of the doctrine of-
to an incident that occurs unexpectedly and
a. Necessity
could not have been predicted or
b. Volenti non fit injuria
prevented by any reasonable means. It
c. Inevitable accident
d. None of the above

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Ans. (b) [ACS 2015]

harm. If a patient consents to an operation,
they cannot later sue the surgeon for
Explanation: Rescue cases are injuries resulting from that operation, as
exceptions to the doctrine of volenti non fit they have voluntarily accepted the risks
injuria, which means "to a willing person, involved.
no injury is done." In rescue scenarios, the
rescuer is not deemed to have voluntarily
accepted the risk, thereby allowing them to
11. The principle "Facts Speak For
claim for any injuries sustained during the
Themselves" is expressed by maxim
rescue.
a. Ubi jus ibi remedium
b. Res Ipsa Loguitur
c. Novus Actus Interveniens
10. Consent given to undergo an operation d. Causa Causans
cannot sue a surgeon later by the defence of- Ans. (b) [W.B.CJ 2021]
a. Damnum sine injuria
b. Injuria sine damnum
Explanation: Res Ipsa Loquitur translates
c. Ubi jus ibi remedium
to "the thing speaks for itself." This legal
d. Volenti non fit injuria
doctrine applies when the nature of an
Ans. (d) [ACS 2016]
accident implies negligence because the
injury would not ordinarily occur without
Explanation: Volenti non fit injuria applies someone's negligence, shifting the burden
when a person consents to the risk of of proof to the defendant.

JOINT TORTFEASORS & REMOTENESS OF DAMAGE

1. The liability of joint tort feasors is-

a. Only joint 2. The liability of independent tortfeasors is
b. Joint and several a. joint only
c. Only several b. several only
d. Neither joint nor several c. both joint and several
Ans. (b) [ACS 2014] d. neither joint nor several
Ans. (b) [BJS 2020]
Explanation: The liability of joint
tortfeasors is both joint and several, Explanation: The liability of independent
meaning that each tortfeasor can be held tortfeasors is several only, meaning each
responsible for the full extent of the tortfeasor is only liable for the portion of
damages, and the claimant can recover the damages they individually caused, and
total damages from any one or more of the they are not responsible for the actions of
tortfeasors. other tortfeasors.

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3. The term novus actus interveniens means-

Explanation: The case of Re Polemis and
a. Directness of damages
Furness, Withy & Co. established the test
b. Remoteness of damages
of directness for determining remoteness of
c. Direct or remote damages
damages. This case held that if the
d. Foreseeable damages
damage is the direct result of a negligent
Ans. (b) [ACS 2011]
act, the defendant is liable, regardless of
foreseeability.
Explanation: Novus actus interveniens
refers to a new intervening act that breaks
the chain of causation, affecting the
5. Remoteness of damage can be
determination of remoteness of damages
determined by-
by indicating that the original act is not the
a. test of directness
proximate cause of the resulting harm.
b. test of closeness
c. test of relativity
d. test of reason as leness
4. The leading case in which the test of Ans. (a) [ACS 2016]
directness for determining the remoteness of
damages was finally established is-
Explanation: Remoteness of damage is
a. Smith vs. London South-Westen
determined by the test of directness, which
Railway Co.
assesses whether the damage is a direct
b. Wagon Mound Case
consequence of the defendant's wrongful
c. Re Polemis and Furness Withy & Co.
act. If the damage is found to be a direct
d. Overseas Tankship (UK) Ltd. vs.
result, it is not considered too remote, and
Mortis Dock & Engineering Co. Ltd.
the defendant may be held liable.
Ans. (c) [BJS 2016]

VICARIOUS LIABILITY, STRICT AND ABSOLUTE LIABILITY

1. The doctrine of vicarious liability applies

includes principal and agent, partners, and
when there is a-
master and servant relationships, where
a. Relationship of principal & agent
the superior or employer is responsible for
b. Relationship of partners
the wrongful acts of the subordinate or
c. Relationship of master & servant
employee.
d. All the above
Ans. (d) [WBJS 2015, U.P. HJS 2014, Tripura
JS 2013, 2015, 2017]
2. Master is liable for the torts committed by
his servant-
Explanation: Vicarious liability arises in
a. during the course of his employment
various relationships where one party is
b. outside the course of his employment
held liable for the actions of another. This

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c. either in or out of the course of his

Explanation: Vicarious liability is the legal
employment
principle where a master (employer) is held
d. if the act is done for the benefit of the
responsible for the tortious acts committed
master
by his servant (employee) during the
Ans. (a) [ACS 2013]
course of employment. This liability arises
not from the master's direct fault but from
Explanation: A master is liable for the torts the relationship with the servant.
committed by his servant only if the acts
are done within the course of employment.
5. In case of vicarious liability, the liability is-
This means the wrongful acts must be
a. joint only
related to the duties the servant was hired
b. several only
to perform and occur while the servant is
c. joint and several
performing those duties.
d. None of the above
Ans. (c) [ACS 2015]
3. Under the doctrine of vicarious liability
which one among the following is correct?
Explanation: Vicarious liability is both joint
a. Principal is liable for the wrongful act
and several, meaning that the claimant can
of his agent.
pursue any one or all of the responsible
b. Master is liable for the torts of his
parties for the full amount of damages. This
servant.
ensures that the injured party can obtain
c. Partners are liable for each other's
full compensation from any one party, who
wrongful act
can then seek contributions from the
d. All of the above are correct.
others.
Ans. (d) [U.P. HJS 2014]

Explanation: Vicarious liability applies to

6. The case Kasturi Lal v. State of Uttar
multiple scenarios, including principals
Pradesh is related to
being liable for agents, masters for
a. Contractual Liability of the State
servants, and partners for each other's
b. Vicarious Liability of the State
wrongful acts. This doctrine ensures that
c. Fraud of the State
an entity or individual who has control over
d. None of the above
another's actions can be held responsible
Ans. (b) [W.B.CJ 2021]
for those actions.

Explanation: Kasturi Lal v. State of Uttar

4. The liability of a master for acts of his
Pradesh is a landmark case that addresses
servant in law of torts is called
the issue of vicarious liability of the state. It
a. Absolute Liability
established that the state can be held liable
b. Tortious Liability
for wrongful acts committed by its
c. Vicarious Liability
employees during their official duties,
d. None of the above
expanding the application of vicarious
Ans. (c) [W.B.CJ 2021]
liability to government actions.

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c. He who does not prohibit when he is

7. Vidyawati vs State of Rajasthanis a case able to prohibit, is in fault
Law relating to: d. He who is silent appears to consent
a. Tortuous liability of corporations Ans. (a) [M.P. HJS 2020, HJS 2017]
b. Tortuous liability of a company
c. Vicarious Liability of State
Explanation: 'Qui facit per alium facit per
d. None of the above
se' translates to "He who acts through
Ans. (c) [BJS 2009]
others acts himself." This legal maxim
supports the concept of vicarious liability,
Explanation: Vidyawati vs State of indicating that an individual or entity is
Rajasthan pertains to the vicarious liability responsible for the actions performed by
of the state. The case established that the another person on their behalf or under
state can be held liable for the wrongful their direction
acts of its employees, done during the
course of their employment, thus
recognizing state responsibility for such
10. The case of Ratlam Municipality vs.
actions.
Birdhichand is related to-
a. Conspiracy
b. Malicious prosecution
8. The liability of a master for acts of his c. Tortuous liability of Municipal
servant in Law of Torts is called- Corporation
a. Absolute liability d. None of the above
b. Tortious liability Ans. (c) [BJS 2009]
c. Vicarious liability
d. None of the above
Explanation: The case of Ratlam
Ans. (c) [U.P. HJS 2009]
Municipality vs. Birdhichand addresses the
tortious liability of a municipal corporation.
Explanation: Vicarious liability is the legal It established that municipalities are
doctrine that holds a master (employer) accountable for maintaining public health
responsible for the wrongful acts and safety and can be held liable for
committed by his servant (employee) within negligence or failure to fulfill statutory
the scope of employment. This principle duties, leading to harm to individuals.
ensures that employers are accountable for
the actions of their employees performed in
the course of their duties.
11. Qui facit per alium facit per se, a maxim in
law of tort, is related with which act of tort?
a. Capacity to sue
9. 'Qui facit per alium facit per se! means- b. Negligence
a. He who acts through others acts c. Vicarious liability
himself d. Defamation
b. He who has not the power of Ans. (c) [BJS 2016, 2020]
alienating is under the necessity of
retaining

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Explanation: The maxim "Qui facit per

14. Case of Kasturi Lal vs. State of UP is
alium facit per se" transltes to "He who acts
related to-
through another acts himself." This
a. Fraud of State
principle underpins vicarious liability,
b. Contractual liability of State
indicating that an employer or principal is
c. Vicarious liability of State
responsible for the actions of an employee
d. None of the above
or agent performed within the scope of
Ans. (c) [BJS 2009, 2012]
their duties.

Explanation: The case of Kasturi Lal vs.

State of UP deals with the vicarious liability
12. P & O Steam Navigation Co. vs.
of the State. It established that the State
Secretary of State for India is a leading case
could be held liable for wrongful acts
on-
committed by its employees during their
a. strict liability
official duties, emphasising state
b. absolute liability
accountability for the actions of its
c. Both (A) and (B)
servants.
d. vicarious liability of State
Ans. (d) [ACS 2014]

15. The rule of ‘Strict Liability' was

Explanation: The case of P & O Steam
propounded by
Navigation Co. vs. Secretary of State for
a. Justice Blackburn
India established the principle of vicarious
b. Lord Devlin
liability of the State. It held that the State
c. Lord Atkin
can be held liable for wrongful acts
d. Justice Hold
committed by its servants during the
Ans. (a) [BJS 2020]
course of their employment.

Explanation: Justice Blackburn

propounded the rule of strict liability, which
13. The maxim respondent superior means-
holds that a person who brings and keeps
a. let the servant be held responsible
anything likely to do mischief if it escapes
b. let the principal be held responsible
is liable for all the damage which is the
c. let the neighbour be held responsible
natural consequence of its escape,
d. Both (A) and (B)
regardless of fault or negligence.
Ans. (b) [ACS 2016]

Explanation: The maxim "respondeat

16. Rule of 'strict liability’ was laid down in-
superior" translates to "let the principal be
a. Wooldrige vs. Sumner
held responsible." This legal doctrine
b. Rylands vs. Fletcher
states that an employer (or principal) is
c. Iliot vs Wikes
liable for the actions of their employees (or
d. Bradford vs. Pickles
agents) performed within the scope of their
Ans. (b) [ACS 2015]
employment.

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Explanation: The rule of strict liability was

19. The case of Ryland vs. Fletcher has laid
established in the landmark case of
down the principle of-
Rylands vs. Fletcher. This case set the
a. Defamation
precedent that a person who brings a
b. Conspiracy
dangerous thing onto their land is liable for
c. Strict liability of land owner
any harm it causes if it escapes,
d. None of the above
irrespective of negligence.
Ans. (c) [W.B. CJ 2021, BJS 2009]

Explanation: The case of Rylands vs.

17. The rule of strict liability is not applicable
Fletcher established the principle of strict
when the 'escape' is due to-
liability for landowners. It held that a
a. Mistake
landowner who brings and maintains
b. Negligence
hazardous materials on their property is
c. Inevitable accident
strictly liable for any damage caused by
d. Act of God
their escape, irrespective of fault.
Ans. (d) [A. P. CS 2013]

Explanation: The rule of strict liability is

20. Which out of the following does not
not applicable when the escape is due to
constitute an exception to the rule in Ryland
an act of God. An act of God is a natural
vs. Fletcher?
event that could not have been foreseen or
a. Act of God
prevented, such as earthquakes or floods,
b. Malicious Act to Stranger
and exempts the defendant from liability
c. Plaintiff's own fault
under this rule.
d. Poor condition of land
Ans. (d) [BJS 2009]

18. The rule of strict liability is contained in-

Explanation: Poor condition of land does
a. Donoghue v. Stevenson
not constitute an exception to the rule in
b. Rylands v. Fletcher
Rylands vs. Fletcher. Exceptions to this
c. Lloyd v. Grace, Smith & Co.
rule typically include acts of God, the
d. Ormrod v. Orosville Motors Service
malicious act of a third party, and the
Ltd.
plaintiff's own fault, but not the condition of
Ans. (b) [Tripura JS 2013]
the land itself.

Explanation: The rule of strict liability is

contained in the case of Rylands v.
21. The rule of 'Absolute Liability’ implies
Fletcher. This landmark case established
a. strict liability only
that a person who keeps a hazardous thing
b. State liability only
on their property is strictly liable for any
c. stricter than strict liability
harm caused by its escape, regardless of
d. None of the above
negligence or intent.
Ans. (c) [BJS 2020]

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c. M.C. Mehta us Union of India

Explanation: The rule of 'Absolute Liability'
d. Llyod vs. Grace, Smith & Co.
implies a liability that is stricter than strict
Ans. (c) [BJS 2016]
liability. Under absolute liability, there are
no defences available, and the defendant
is held completely liable for any harm Explanation: The principle of absolute
caused, regardless of any precautions liability was laid down in the case of M.C.
taken. Mehta vs. Union of India. This landmark
judgement established that in cases
involving hazardous or inherently
dangerous activities, the defendant is
22. In which case, the principle of absolute
absolutely liable for any harm caused
liability was laid down?
without any exceptions.
a. Bhim Singh vs. State of J & K
b. Rylands vs. Fletcher

BATTERY, ASSAULT & FALSE IMPRISONMENT

1. The three main forms of trespass to a Ans. (c) [ACS 2015]

person are-
a. assault, battery and defamation
Explanation: Assault is both a crime and a
b. assault, battery and false
tort. As a crime, it is punishable under
imprisonment
criminal law, while as a tort, it provides the
c. assault, battery and wrongful restraint
victim with the right to seek compensation
d. assault, battery and wrongful
through civil litigation. This dual nature
confinement
allows for both criminal prosecution and
Ans. (b) [ACS 2014]
civil redress.

Explanation: The three main forms of

trespass to a person are assault, battery,
3. To spit at a person deliberately is
and false imprisonment. Assault refers to
actionable as the tort of -
the threat or attempt to inflict physical
a. assault
harm, battery is the actual physical contact
b. battery
or harm, and false imprisonment involves
c. Both (A) and (B)
the unlawful restriction of a person's
d. Neither (A) nor (B)
freedom of movement.
Ans. (b) [ACS 2014]

Explanation: Deliberately spitting at a

2. Assault is a-
person is considered battery, as it involves
a. crime
intentional physical contact that is offensive
b. tort of civil wrong
and harmful. Battery requires actual
c. crime as well as tort
physical contact, which is fulfilled by the act
d. None of the above
of spitting.

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5. ‘False imprisonment’ means

4. For the tort of false imprisonment, there a. a false restraint of a person's liberty
should be - without lawful justification
a. total restraint on the liberty of a b. a partial restraint of a person's liberty
person without lawful justification
b. partial restraint on the liberty of a c. A total restraint of a person's liberty
person without lawful justification
c. means of escape d. a person is imprisoned for a tort in
d. All of the above false charges
Ans. (a) [BJS 2012] Ans. (c) [BJS 2018]

Explanation: False imprisonment requires Explanation: False imprisonment involves

a total restraint on the liberty of a person a total restraint of a person's liberty without
without lawful justification. It means the lawful justification. It means completely
person is completely confined and unable restricting someone's freedom of
to move freely, even if the duration of the movement without legal authority or
restraint is short. justification, making it a tortious act that
can lead to a civil lawsuit for damages.

NUISANCE

1. "Nuisance' as a tort was defined as 2. "An unlawful interference with person's use
"unlawful interference with a person's use or or enjoyment of land or some right over or in
enjoyment of land, or some right over, or in connection with it" is known as tort of
connection with it" by- a. trespass
a. Winfield b. nuisance
b. Salmond c. negligence
c. Pollock d. conversion
d. Underhill Ans. (b) [BJS 2018]
Ans. (a) [BJS 2012]
Explanation: Nuisance is the tort that
Explanation: Winfield defined nuisance as involves an unlawful interference with a
an unlawful interference with a person's person's use or enjoyment of their land or
use or enjoyment of land or some right some right over or in connection with it. It
over, or in connection with it. This definition encompasses situations where one's
highlights the essence of nuisance as actions negatively impact another's
affecting an individual's legal right to the property rights.
enjoyment of their property.

3. Nuisance is -

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a. fraudulent misrepresentation that c. damage

induces another to enter into a void d. all of the above
contract Ans. (d) [WBJS 2015]
b. unlawful detention or physical
restraint by a security guard
Explanation: To constitute the tort of
c. passing off another's goods and
nuisance, there must be unreasonable
services as one's own property
interference with the enjoyment of land and
d. any activity on an occupier's property
resultant damage. All these elements are
that unreasonably interferes with the
essential to establish a valid claim of
neighbour's rights to the enjoyment of
nuisance and to seek legal remedies.
his/her own property
Ans. (d) [WBJS 2018]

6. Which of the following remedies are

Explanation: Nuisance involves any
available in an action in the tort of nuisance?
activity on an occupier's property that
1. Abatement
unreasonably interferes with a neighbour's
2. Injunction
rights to the enjoyment of their own
3. Specific restitution
property. This definition emphasises the
4. Action for damages
impact of the activity on the neighbour's
ability to use and enjoy their land.
Select the correct answer using the code
given below :
a. 1,2 and 4
4. Nuisance can be- b. 1 and 3
a. Public only c. 2 and 4
b. Private only d. 1,2,3 and 4
c. Both public and private Ans. (a) [WBJS 2018]
d. Neither public nor private
Ans. (c) [A.P. & N. JS 2017]
Explanation: The remedies available in an
action for the tort of nuisance include
Explanation: Nuisance can be both public abatement, injunction, and action for
and private. Public nuisance affects the damages. These remedies help to stop the
community or public at large, while private nuisance, prevent its recurrence, and
nuisance impacts an individual's enjoyment compensate the affected party for any
of their land. Both forms of nuisance harm suffered.
involve unlawful interference but differ in
the scope of their impact
7. Which of the following is a defence to the
tort of nuisance?
5. To constitute the tort of nuisance, the a. Prescription
essentials are - b. Statutory authority
a. unreasonable interference c. Both (a) and (b)
b. interference is with the enjoyment of d. None of the above
land Ans. (c) [BJS 2020]

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Explanation: Defences to the tort of significant period, while statutory authority

nuisance include prescription and statutory provides a legal basis for actions that
authority. Prescription allows a nuisance to would otherwise be considered nuisances.
continue if it has been ongoing for a

NEGLIGENCE

1. In the wrong of negligence there is breach

of- 3. The rule regarding the principle of
a. Legal duty of the defendant negligence was laid down in the leading case
b. Legal right of the defendant of-
c. Of goods faith a. Glasgow Corp. vs. Mur
d. None of the above b. Donoghue vs. Stevenson
Ans. (a) [BJS 2009] c. Winterbottom vs. Wright
d. Ishwan Devi vs. Union of India
Ans. (b) [BJS 2016]
Explanation: In negligence, there is a
breach of a legal duty of care that the
defendant owes to the plaintiff. This duty Explanation: The principle of negligence
requires the defendant to act with the level was established in the landmark case of
of care that a reasonable person would in Donoghue vs. Stevenson. This case set
similar circumstances. Failure to do so the precedent that a manufacturer owes a
constitutes negligence. duty of care to the ultimate consumer,
creating the modern concept of negligence
in tort law.
2. "Negligence is culpable carelessness."
This viewpoint was expressed by-
a. Pollock 4. The standard of care required on the part
b. Halsbury of defendant in the tort of ‘negligence’ is of
c. Salmond a. highly skilled person
d. Winfield b. any person of least understanding
Ans. (c) [ACS 2014] c. a reasonable and prudent man
d. a person having legal understanding
Ans. (c) [BJS 2016]
Explanation: Salmond expressed the
viewpoint that "Negligence is culpable
carelessness." This emphasises that Explanation: The standard of care
negligence involves a failure to exercise required in negligence is that of a
appropriate and ethical care expected to be reasonable and prudent man. This means
exercised amongst specified the defendant must act with the level of
circumstances, resulting in harm or care, knowledge, and judgement that a
damage. typical person would under similar

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b. rule of procedure
circumstances to avoid causing harm to
c. rule of evidence
others.
d. rule of negligence
Ans. (c) [BJS 2012, 2016, 2020]

5. In Donoghue v. Stevenson, the duty of a

Explanation: The maxim "res ipsa
manufacturer was fixed towards-
loquitur," meaning "the thing speaks for
a. Retailer only
itself," is a rule of evidence. It allows the
b. Buyer from retailer
inference of negligence when the cause of
c. Ultimate consumer
the accident is not directly known but is of
d. None of the above
such a nature that it typically would not
Ans. (c) [A.P. CS 2013]
occur without negligence.

Explanation: In Donoghue v. Stevenson,

the court established that a manufacturer
8. The doctrine of res ipsa loquitur was
owes a duty of care to the ultimate
applied by the Supreme Court in -
consumer. This landmark decision set the
a. Jasbir Kaur vs. State of Punjab
foundation for product liability, ensuring
b. Alka vs. Union of India
that consumers are protected from
c. Asia Ram vs. Municipal Corporation
defective products.
of Delhi
d. Municipal Corporation of Delhi vs.
Subhagwanti
6. Which of the following cases established Ans. (d) [BJS 2012]
the civil law tort of negligence and obliged
manufacturers to have a duty of care towards
Explanation: The doctrine of res ipsa
their customers?
loquitur was applied by the Supreme Court
a. Ashby vs. White
in Municipal Corporation of Delhi vs.
b. Donoghue vs. Stevenson
Subhagwanti. This case involved the
c. Rylands vs. Fletcher
collapse of a clock tower, and the court
d. Pasley vs. Freeman
inferred negligence because such an
Ans. (b) [ACS 2015, 2014]
incident would not normally happen without
negligence.
Explanation: Donoghue vs. Stevenson is
the case that established the civil law tort
of negligence, obliging manufacturers to
9. The principle ‘facts speak for themselves'
have a duty of care towards their
is expressed by the maxim-
customers. This case introduced the
a. Ubi jus ibi remedium
"neighbor principle," which underpins
b. Res jpsa Loquitur
modern negligence law.
c. Novus Actus Interveniens
d. Causa Causans
Ans. (b) [U.P. HJS 2009]
7. The maxim res ipsa /oquitoris a-
a. rule of law

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Explanation: The principle ‘facts speak for

themselves' is expressed by the maxim Explanation: The doctrine of alternative
"res ipsa loquitur." This legal doctrine danger was explained in Jones vs. Boyce.
allows the presumption of negligence to This doctrine applies when a person, faced
arise when an accident occurs under with imminent danger created by another's
circumstances that would ordinarily not negligence, acts in a way that causes harm
happen without someone's negligence. to themselves or others while trying to
avoid the danger.

10. Last opportunity rule is associated with-

a. Absolute liability 12. Bourhill vs. Young is famous case of-
b. Strict liability a. defamation
c. Volenti non fit injuna b. nervous shock
d. Contributory negligence c. remoteness of damage
Ans. (d) [A.P. CS 2013] d. Both (b) and (c)
Ans. (d) [ACS 2016]
Explanation: The last opportunity rule is
associated with contributory negligence. It
holds that the party who had the last
opportunity to avoid the accident but failed
Explanation: Bourhill vs. Young is a
to do so is liable, even if the other party
significant case related to both nervous
was also negligent.
shock and remoteness of damage. The
case involved a claimant who suffered
nervous shock after witnessing the
11. The doctrine of alternative danger was aftermath of a motorcycle accident, raising
explained in - issues about the proximity and
a. Jones vs. Boyce foreseeability of harm.
b. Ryland vs. Fletcher
c. Motias Cost vs. Roque A. Jacinto
d. None of the above
Ans. (a) [ACS 2015]

DEFAMATION

1. Two torts constituting ‘Defamation’ are-

Explanation: Defamation is divided into
a. Libel and Slander
two main torts: libel and slander. Libel
b. Assault and Battery
refers to defamatory statements made in a
c. Absolute liability
permanent form, such as writing or images,
d. Negligence
while slander refers to defamatory
Ans. (a) [WBJS 2018]

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b. On a notice board
statements made in a transient form, such
c. In a post card
as spoken words or gestures.
d. In a letter but not posted and kept in
own custody
Ans. (d) [BJS 2020]
2. Which of the following is not an element in
establishing a case in libel?
Explanation: No action for defamation can
a. Publication
be taken if the defamatory matter is written
b. A defamatory statement
in a letter but not posted and kept in the
c. A section of the public who know less
writer's own custody. Defamation requires
of the plaintiff
the publication or communication of the
d. Reference to the plaintiff
defamatory matter to a third party.
Ans. (c) [BJS 2018]

Explanation: To establish a case in libel,

5. Defamation is divided into libel and slander
the necessary elements are publication, a
under-
defamatory statement, and reference to the
a. English law only
plaintiff. A section of the public knowing
b. Indian law only
less about the plaintiff is not required for
c. Both under English law and the Indian
establishing libel. The focus is on whether
law
the defamatory statement was published
d. None of the above
and referred to the plaintiff.
Ans. (a) [WBJS 2015]

Explanation: Under English law,

3. Defamation by spoken words or gestures
defamation is divided into libel and slander.
is known as
Libel refers to written or published
a. Innuendo
defamatory statements, while slander
b. Slander
refers to spoken defamatory statements. In
c. Libel
Indian law, defamation is generally treated
d. Nuisance
without this distinction, focusing on the
Ans. (b) [W.B.CJ 2021]
harm caused.

Explanation: Slander refers to defamation

by spoken words or gestures. It involves
6. Tort of defamation can be in respect of a-
making false oral statements that damage
a. living person only
a person's reputation, as opposed to libel,
b. deceased person
which involves written or published
c. Both (a) and (b)
defamatory statements.
d. Either (a) or (b)
Ans. (c) [BJS 2012]

4. No action lies for defamation if defamatory

Explanation: Defamation typically pertains
matter is written
to living individuals as their reputation is at
a. In a telegram

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d. A cartoon in a newspaper
stake. However, in some jurisdictions,
Ans. (b) [WBJS 2018]
statements about deceased persons can
also be considered defamatory if they
affect the reputation of living relatives. Explanation: Absolute privilege is a
complete defence against defamation
claims and applies to statements made in
certain contexts, such as parliamentary
7. In which of the following situations does
proceedings, judicial proceedings, and
absolute privilege apply?
other governmental functions, where
a. A complaint about a lawyer made to
participants must be able to speak freely
the law society
without fear of legal repercussions.
b. Statement made in the Parliament
c. A statement made in a press
conference

MALICIOUS PROSECUTION, TRESPASS & CONVERSION

1. Which one the following can be described b. Instituting unsuccessful civil

as malicious prosecution? proceedings maliciously and without
a. Criminal Proceeding reasonable & probable cause
b. Money Recovery Proceeding c. Both (a) & (b)
c. Bankruptcy Proceeding d. Neither (a) nor (b)
d. Liquidation Proceeding Ans. (a) [TJS 2013]
Ans. (a) [BJS 2012]
Explanation: Malicious prosecution, under
Explanation: Malicious prosecution, in the Indian law, specifically involves the
context of Indian law, is best described by institution of unsuccessful criminal
criminal proceedings. It involves initiating proceedings against someone, done with
criminal charges against someone with malice and without reasonable and
malice and without reasonable and probable cause. This means the person
probable cause. This form of prosecution is initiating the prosecution does so with an
specifically recognized for its potential to improper motive and without a legitimate
cause significant harm to the accused’s basis. The emphasis is on criminal
reputation, liberty, and mental well-being, proceedings rather than civil ones,
thereby necessitating stricter scrutiny and highlighting the gravity of wrongful criminal
accountability. accusations and the harm they can cause
to the accused.

2. Malicious prosecution consists in-

a. Instituting unsuccessful criminal 3. Case of Abranth vs. North Eastern Rly. Co.
proceeding maliciously and without is about-
reasonable & probable cause a. Malicious prosecution
b. Defamation

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c. Strict liability
d. None of the above
Explanation: Trespass to property
Ans. (a) [BJS 2009]
involves the unjustifiable physical
encroachment onto another person's land.
Explanation: The case of Abranth vs. This includes any unauthorised entry or
North Eastern Rly. Co. deals with malicious intrusion, regardless of whether damage is
prosecution. It involves the wrongful caused, and it violates the possessor's
initiation of legal proceedings against an right to exclusive possession of their land.
individual without reasonable cause and
with malice, causing damage to the
individual prosecuted.
6. Action for trespass can be brought by a
person-
a. in possession who is also owner
4. In a suit for damages on the ground of b. in possession even if he/she is not
malicious prosecution, what is required to be owner
proved by the plaintiff? c. not in possession
a. That he was prosecuted by the d. Both (a) and (b)
defendant Ans. (d) [ACS 2016]
b. That the prosecution without
reasonable and probable cause
Explanation: An action for trespass can be
c. Proceedings for malicious prosecution
brought by a person who is in possession
terminated in favour of the plaintiff
of the land, regardless of ownership. Both
d. All of the above
the person who possesses and owns the
Ans. (d) [BJS 2016]
land and the person who possesses but
does not own the land have the right to
Explanation: To succeed in a suit for take legal action against trespassers.
malicious prosecution, the plaintiff must
prove that they were prosecuted by the
defendant, that the prosecution lacked
7. Trespass to land is a wrong-
reasonable and probable cause, and that
a. against ownership
the proceedings terminated in their favour.
b. against possession
All these elements are essential to
c. against both ownership and
establish a claim.
possession
d. None of the above
Ans. (b) [ACS 2013]
5. Principle of trespass to property constitutes
of-
Explanation: Trespass to land is primarily
a. unjustifiable physical encroachment of
a wrong against possession. It occurs
one person's land
when someone unlawfully enters or
b. injury to an unborn child
interferes with the land that is in the
c. nuisance
possession of another, regardless of
d. indirect consequence
whether the possessor is the legal owner.
Ans. (a) [WBJS 2018]

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Subject Wise MCQ Solutions

8. Which of the following is the remedy for the

trespass of land?
a. Re-entry
b. Action for ejectment
c. Action for mesne profit
d. All of the above
Ans. (d) [ACS 2013]

Explanation: Remedies for trespass to

land include re-entry, action for ejectment,
and action for mesne profits. These
remedies allow the possessor to regain
control of the property, remove the
trespasser, and recover financial losses
incurred due to the trespass.

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