LAW OF TORTS

1. Damnum sine injuria means

(a)an objective right
(b) suffering a loss without violation of legal right
(c) violationof legal right and suffering of loss
(d) violation of legal right
2. Ashby v white is a leading case on
(a)injuria sine damno
(b) damnum sine injuria
(c) sine injuria abseque
(d) audi altrem partem
3. The Pegion hole theory is related to
(a) Law of torts
(b) Law of tort
(c) Law of tortious tort
(d) Law of negligence
4. Which of the following does not constitute a General defence in Torts
(a) volenti non fit injuria
(b) injuria sine damno
(c) vis major
(d) all of the above
5. For constituting tort of nuisance there should be
(a) Unreasonable interference
(b) Interference should be with the use of enjoyment of land
(c) All of the above
6. Defamation is
(a) Civil wrong
(b) Criminal wrong
(c) Civil as well as criminal wrong
(d) None of the above
7. Remoteness of damages is determined by
(a) The test of directness
(b) The test of reasonable foreseeability
(c) Both (a) & (b)
(d) None of the above
8. The definition of tort is contained in
(a) The General Clause Act 1897
(b) The Limitation Act, 1963
(c) The Indian Penal Code, 1860
(d) The Indian Contract Act 1872
9. Tort is redressible by an action
(a) For restoration of original position
(b) For unliquidated damages
(c) For liquidated damages
(d) All of the above
10. The rule of strict liability is based on the decision in
(a) Donouge v. Stevenson
 (b) Reyland V fletcher
(c) Lumely V Gye
(d) Champman V Pickersgill
11. Tort is a violation of
(a) A right in personam
(b) A right in rem
(c) Both (a) and (b)
(d) Neither (a) nor (b)
12. The standard of care generally used in cases of negligence is the
(a) skill and care of a professional person
(b) care taken by an intelligent and prudent man
(c) foresight of a prudent man
(d) skill and foresight of an ordinary person of prudence and competence
13. Two persons are said to be joint tort-feasors when
(a) a person on account of his negligence gives opportunity to another for
committing a tort
(b) two or more persons are. simultaneously involved in committing a wrong
(c) a tort is committed by two or more persons or any one of them when they
are engaged in furtherance of a concerted purpose
(d) two persons together commit a tort
14. In which one of the following cases has the test of directness for determining
the remoteness of damage been applied?
(a) Donoghue v. Stevenson
(b) Re Polemis
(c) Wagon Mound No. 1
(d) Doughty v. Tumer Manufacturing Co.Ltd
15. The principle of absolute liability in the Indian tort law is applicable when
damage is caused by the activity or escape of
(a) hazardous material only
(b) poisonous material
(c) inherently dangerous material only
(d) hazardous or inherently dangerous material
16. Which one of the following is the gist of the cause of action for tort of
conspiracy?
(a) An agreement between defendants to do an unlawful act
(b) An agreement and overt act by the defendants
(c) An agreement and oven act causing damage to the plaintiff
(d) Unlawful combination causing or not causing damage to the plaintiff
17. For an action of nuisance, the following have been put up as defenses:
1. The place is suitable for the purpose.
2. It is for the benefit of the locality.
3. It is done under statutory authority?
Which of the defenses given above is/are correct?
(a) 1,2and3 (b) 1 only (c) 2and3 (d) 3only
18. Which one of the following elements is not necessary to have a private right
of action in respect of a public nuisance?
(a) The plaintiff must show a particular injury to himself beyond that which is
suffered by the rest of the public
(b) The injury must be of a substantial character
(c) The nuisance must be caused by negligence
 (d) The injury must be direct and not consequential injury
19. Which of the following remedies are available in an action in the tort of
nuisance?
1. Abatement 2. Injunction 3. Specific restitution 4. Action for
damages
Select the correct answer using the code given below:
(a) 1, 2 and 4 (b) l and 3 (c) 2 and 4 (d) 1, 2, 3 and 4
20. Tort implies a twisted or tortious
(a) Consent b)Volition c)Conduct d)Deterrence
21. Gloucester Grammer School case explains
(a) Injuria sine damno b)Damnum sine injuria
c)Respondeate superior d)Remoteness of damages
22. In tortious liability
(a) state of mind of a person is relevant
(b) state of mind of a person is irrelevant
(c) State of mind is relevant in some cases while is irrelevant in other cases
(d) Neither (a) nor (b)
23. Malice in law means
(a) Wrongful act done intentionally but without just cause or excuse
(b) Wrongful act done intentionally with just cause or excuse
(c) Wrongful act done intentionally with good motive
(d) Wrongful act done intentionally with evil motive
24. Under the law of torts, the damages are
(a) Liquidated b)Unliquidated c)Unliquidated and limited d) Limited
25. Legal right means
(a) Rights organised by law and enforceable by society
(b) Rights recognised by society and enforceable by law
(c) Rights recognised and enforceable by law
(d) Rights recognised and enforceable by society
26. For an action in torts
(a) There should be violation of legal rights
(b) Damages should have accrued to plaintiff whether there is a violation of
legal right
(c) Violation of right is essential
(d) None of the above
27. The term tort is said to originate from
(a) Tortum b)Tortel c)Tortus d)Tort
28. Liability in tort depends on
a)Quantum of damages b)Involvement of intention
c)Infringement of legal right d)Effect on public interest
29. The rule of absolute liability is subject to
(a) All the exceptions mentioned in rule of Ryland Vs. Fletcher
(b) Half of the exceptions mentioned in rule of Rylands Vs. Fletcher
(c) None of the exceptions mentioned in rule of Ryland Vs. Flecther
(d) All the exceptions mentioned in rule of M.C. Mehta Vs. Union of India
30. Qui facit per alium facit per se means
(a) Act of an agent is the act of principal
(b) Act of an agent is not the act of principal
(c) Principal and agent liable jointly
(d) Agent must not act in contravention of the act of principal
31. Nuisance is a form of tort
(a) Which is actionable per se

(b) It is not actionable per se

(c) Actionable per se if plaintiff suffers pecuniary loss

(d) None of the above

32. Negligence is a

(a) failure to take care

(b) failure to take due care

(c) failure to take all necessary care

(d) failure to take duty

33. Slander means publication of defamatory statement in

(a)transit form

(b)permanent form

(c)permanent as well as transit form

(d)none of the above

34. Under Indian law

(a)libel is actionable per se

(b) slander is actionable per se

(c) libel as well as slander is actionable per se

(d) none of the above

35. Which of the following is not a defence for negligence?

(a) Contributory negligence

(b) No duty

(c) (a) and (b)

(d) None of the above

36. 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

37. Facts - A establishes a coaching class and charges ₹5,000 per year as fees.
A's neighbour B establishes another coaching class thereby creating a
compensation; this forces A to reduce his fees to ₹3000 per year.
Question - Can A claim damages from B for the loss caused to him?
a. Yes, he can as B has violated his legal right.
b. No, A has reduced the fees on his own.
c. No, because though there was damage there was no legal injury
d. none of the above
38. X, the owner of a car, asked his friend Y to drive the car to his office. As the
car was near his (X's) office, it hit a pedestrian P on account of Y's negligent
driving and injured him serioisly. P sued X for damages. P sued X for
damages.Which one of the following is correct?
a. X is not liable as it was negligence on the part of Y
b. the liability was solely of Y as X was not accompanying him
c. as Y was driving under X's care and authority, X is liable
d. X is not liable under the principle of inevitable accidents
39. Ram, snake charmer, was exhibiting his talents to a group of people. One of
the snakes escaped and bit a child who had to be hospitalized for 2 days for
treatment.
a. Ram is liable to compensate the child's family for his careless act
b. Ram is not liable to anything as such things keep happening
c, Ram is not in a position to compensate as he is poor
d. none of the above
40. Veeranna owns a farm at a distance of half a furlong from the railway track.
He stored in his land the stacks of dried up straw after the cultivation as is
normal in farming . One day when the train was passing through the track, the
driver was negligently operating the locomotive by allowing it to emit large
quantities of spark. The high wind, normal in open fields, carried the sparks to
the stacks stored by Verranna and the stacks caught fire thereby causing
extensive damages. Veeranna filed a suit against the railway claiming
damages. The railways while acknowledging liability alleged contributory
negligence on the part of Veeranna.
a, Veeranna was not liable since his use of land was lawful
b. Veeranna's farm being at a reasonable distance from the railway track, he
cannot be held liable for the high winds
c. Veeranna should have anticipated the possibility and hence he is liable for
contributory negligence
41. An old man was walking in a narrow one-way lane in the opposite direction. It
was night time and there was no street lighting. A car moving in a right
direction nut without headlights knocked him down since the driver could not
see him. He filed a suit against the driver.
a. He would loss because he violated the traffic rules in the first instance
b. He would loss, because he voluntarily exposed herself to risks
c. The driver would lose, because he drove without proper headlights
42. In order to win a negligence suit, a plaintiff must prove

a) Breach of duty
 b) Actual injury
c) Causation
d) All of the above

43. The standard of care generally used in cases of negligence is the

(a) skill and care of a professional person
(b) care taken by an intelligent and prudent man
(c) foresight of a prudent man
(d) skill and foresight of an ordinary person of prudence and competence

44. Two persons are said to be joint tort-feasors when

(a) a person on account of his negligence gives opportunity to another for
committing a tort
(b) two or more persons are. simultaneously involved in committing a wrong
(c) a tort is committed by two or more persons or any one of them when they
are engaged in furtherance of a concerted purpose
(d) two persons together commit a tort

45. In which one of the following cases has the test of directness for determining
the remoteness of damage been applied?
(a) Donoghue v. Stevenson (b) Re Polemis
(c) Wagon Mound No. 1 (d) Doughty v. Tumer Manufacturing Co.Ltd

46. Match List-I with List and select the correct answer using the code given
below the lists:
List-I List-II
(Nature of tort) (Ingredient)
A. Private nuisance 1.Interest in land
B. Public nuisance 2.Addressed to the eye
C. Libel 3.No interest in land
D. Slander 4.Addressed to the ear
Code:
ABCD
(a) 1 2 3 4 (b) 1 3 2 4 (c) 4 3 2 1 (d) 4 2 3 1

47. For an action of nuisance, the following have been put up as defenses:
1. The place is suitable for the purpose.
2. It is for the benefit of the locality.
3. It is done under statutory authority?
Which of the defenses given above is/are correct?
(a) 1,2and3
(b) 1 only
(c) 2and3
(d) 3only
48. Which of the following remedies are available in an action in the tort of
nuisance?
1. Abatement
2. Injunction
3. Specific restitution
4. Action for damages
 Select the correct answer using the code given below:
(a) 1, 2 and 4 (b) l and 3 (c) 2 and 4 (d) 1, 2, 3 and 4
49. “A failure to uphold a reasonable duty” is known as

a)Damages b) Breach c) Proximate causation d)Actual causation

50. Torts are grounded in the concept of

a)law b. court c. rights d. sincerity

51. 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.
52. Which of the following is an example of trespass?
a. Sue walks in front of Ron’s house, staying on the sidewalk.
b. Jim hunts on David’s land without David’s permission. While there, Jim
shoots one of David’s cows, mistaking the cow for a deer. David 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.
53. A loud bass beat that can be heard through an apartment wall (from another
apartment) at midnight can be classified as
a. Nusiance
b. Trespass
c. Interference with contractual relations d. Conversion
54. A private nuisance affects only one family.
a. True
b. False
55. Defamation involves:
a. using a weapon.
b. at least 5 people to be present.
c. a contract.
d. making false statements about someone.
56. 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.
57. A written statement that damages someone’s reputation is not considered
libel if it is never communicated to another person than the person who wrote
the statement. In other words, the person who wrote the statement never
showed it to anyone.
a. True
b. False
58. Which of the following constitutes slander?
a. Melissa tells Roger that Connie stole $500 from the cash register at work,
 even though Melissa knows this is not true.
b. Melissa writes an e‐mail to Roger falsely stating that Connie stole $500.
c. Diane calls Melissa a liar in court.
d. Dan tells Roger, his boss, that Melissa stole $500 from the cash register at
work. Dan and two other employees saw this.
59. Credit bureaus must inform you about the information they have about you
when you ask.
a. True
b. False
60. If you purchase an item on‐line from American Eagle, American Eagle can
keep your credit or debit card information even if you do not want them to
keep it on file.
a. True
b. False
61. Negligence involves:
a. a crime
b. carelessness
c. assault
d. trespass

62. This tort occurs most often in society.

1) Assault
2) Nuisance
3) Defamation
4) Negligence
63. Why is a reasonable person test used to determine breach of duty in a
negligence case?
1) Because each tort case is quite similar.
2) Because negligence involves being reasonable.
3) 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.
4) Because only reasonable persons are involved in breaches of duty
64. If an injury that occurred as a result of negligence was not foreseeable at the
time the defendant engaged in unreasonable actions, there was no proximate
cause in the tort case. With no proximate cause, negligence will not hold up in
court.
1) True
2) False
65. Jill ran five miles yesterday, and right before she was done she fell and cut her
arm so badly it required stitches. Today, Carl bumped into Jill in the office
because he was carelessly not watching where he was going as he was
spinning around and around in a hallway. The impact caused Jill’s stitches to
bleed. Jill then sued Carl for negligence, trying to recover the cost of her
doctor’s bill. Jill’s negligence will not hold in court because:
1)It lacks duty of care.
2) It lacks a breach of duty.
3) It lacks proximate cause.
4) It lacks actual harm.
66. Which of the following involves comparative negligence?
1) Ashley ran a red light because she was changing the song on her iPod.
Ashley hit Jan head-on.
2) Ashley failed to stop at a four-way stop because she was changing the
song on her iPod. Jan only looked one way before leaving the same four-way
stop. Ashley and Jan crashed into each other.
3) Jan stopped at a four-way stop and looked both ways two times before
proceeding.
4) Ashley stopped at a four-way stop only briefly and hit Jan, who was
crossing the intersection after stopping fully at her stop sign and looking all
ways before proceeding.
67. Which of the following illustrates the assumption of risk negligence defence?
1) Yancy goes for a ride with Jim and they crash. Jim is known for speeding.
2) Tracy goes for a ride with Clara. Clara was once pulled over for failing to
stop at a stop sign. The two are in an accident in which Tracy was injured.
3) Bob offers Jake a ride. Jake knows that Bob has been in three car
accidents, so declines the offer.
4) Bob offers Jake a ride. Jake knows that Bob is a safe driver so accepts the
ride.

68. Sarah and Nathan have been keeping a lion in their backyard. They found it as
an
abandoned cub that had somehow escaped from its cage at a local zoo. The
couple decided to sneak the lion home and raise it. Sarah and Nathan were
very careful to keep the lion within their strong fence, but as a full-grown lion,
it escapes and bits a neighbourhood child. Can Sarah and Nathan be sued for
strict liability?
1. No, because they were so careful with the lion it was simply an unfortunate
accident.
2) Yes, even though they were careful they are still liable for the injury.
3) Yes, because they did not follow a local ordinance that required at least two
fences for lion pets.
4) No, the zoo is held liable because the lion was from the zoo.

69. Which of the following defences to strict liability is based on the maxim volenti
non fit injuria?
1) Act of God
2) consent of plaintiff
3 ) Statutory Authority
4) Act of third party

70. Match the following

(1) Injuria sine damno (a) Reyland v. Fletcher case

(2) Strict Liability (b) Ashby V White

(3) Volenti non fit Injuria (c ) Gloucester Grammar case

(4) Damnum sine injuria (d) Hall v Brookland case

(a) 1-b, 2-a,3-d,4-c

(b) 1-a, 2-b,3-d,4-c

(c ) 1-b, 2-a,3-c,4-d

(d) 1-b, 2-d,3-a,4-c

71. Torts are grounded in the concept of

1. law
2. court
3. rights
4. sincerity
72. Which of the following is not an element of an intentional tort?
1) An intentional tort occurred.
2) An injury resulted from the tort
3) The tort did not cause the injury.
4) The injury caused damages to the person.

73. What main element differentiates the crime of battery from the tort of battery?
1) In a criminal battery, two or more people must be present.
2). In a criminal battery, a person is actually injured. In a tort battery, the person is
not hurt.
3) The unwanted touch; we have a right to be free from bodily harm.
4) There is no tort of battery. All batteries are crimes.

74. Which of the following is an example of trespass?

1) Sue walks in front of Ron’s house, staying on the sidewalk.
b. Jim hunts on David’s land without David’s permission. While there, Jim shoots
one of David’s cows, mistaking the cow for a deer. David sells his cows to make a
living.
3) Josh borrows Luke’s car after Josh asks Luke to run to the store to pick up some
milk.
4) Lisa walks into Heather’s house, who has invited her over for lunch.

75. A loud bass beat that can be heard through an apartment wall (from another
apartment) at midnight can be classified as
1) Nusiance
2) Trespass
3) Interference with contractual relations
4) Conversion

76. Defamation involves:

1) using a weapon.
2) at least 5 people to be present.
3) a contract.
4) making false statements about someone.

77. Why is a reasonable person test used to determine breach of duty in a negligence
case?
1) Because each tort case is quite similar.
2) Because negligence involves being reasonable.
3) 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.
4) Because only reasonable persons are involved in breaches of duty.

78. Which of the following is not related to Tort law?

1) Uncodified

2) Unliquidated damages

3) Pigeon Hole theory

4) Criminal Law

79.The pigeon-hole theory for the law of tort was given by:

1) Salmond

2) Winfield

3) Lord Macaulay

4) None of the above

80.Which of the following is not a tort?

1) Defamation

2) Negligence

3) Culpable Homicide

4) Nuisance

81.‘Punitive punishments are not given in the cases of tort.’ This statement is
 1) True

2) False

3) Depends on the case

4) None of these

82.The punishments awarded in the case of tort are

1) Unliquidated

2) Imprisonment

3) Fines

4) Both (a) and (c)

83.Which of the following legal maxim is not related to the law of tort?

1) Ubi jus ibi remedium

2) Ex turpi causa non oritur action

3) Res ipsa Loquitur

4) Consensus ad idem

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

1) Physical injury

2) Reputation

3) Injury to property

4) Loss in business due to the breach of contract

85.Some acts are regarded both as a crime as well as a tort. Which of the following
is not one such example?

1) Defamation

2) Negligence

3) Culpable homicide

4) None of these

86.In the case of the trespass to the person, which of the following defences will not
apply?

1) Private Defence

2) Lawful authority

3) Contributory Negligence

4) None of the above

88.The purpose behind the punishments given under the law of tort is not

1) Giving Compensation to the victim

2) Deterrence

3) Corrective Justice

4) Weakening the accused.