Ugc test 1

Law of torts

Date : 17 aug 2018

Questions 40

1 . Basically tort is a species of

(1) criminal injury or wrong

(2) substantial injury or wrong

(3) civil injury or wrong

(4) none of the above

2. Salmond has defined ‘tort’ as

(1) acivil wrong for which the remedy is acomm on law action for unliqui dated damages and which is not exclusively the
breach of trust or other merely equi table obligation

(2) tortious liability arises from the breach of aduty primarily fixed by the law towards the persons generally and its breach is
redressible by an action for unli quidated damages

(3) an infringement of a right inrem of a private individual giving a right of compensation at the suit of the injured party

(4) none of the above

3. The duty under the Law of tort is

(1) towards a specific individual

(2) towards a group of individuals

(3) towards the world at large

(4) both (1) & (2)

4. Which is correct

(1) breach of contract results from beach of duty undertaken by the parties themselves whereas tort results from breach of
duty imposed by law

(2) contract is right in personam whereas tort infringes right inrem

(3) under contract the damages can beliquidated or unliqui dated but under tort the damages are always unliqui dated

(4) all the above

5. The rule of ‘strict liability’ is based on the decision in

(1) Donoghue v. Stevenson

(2) Reylands v. Fletcher

(3) Lumley v. Gye

(4) Cham pman v. Pickersgill

6. ‘ubi jus ibi remedium’means

(1) where there is a right, there is a remedy

(2) there is no remedy without a wrong

(3) there is no wrong without a remedy

(4) there is no right without a remedy

7 . Maxim ‘Damnum sineinjuria’ means

(1) damage without infringement of legal right

(2) damage with infringement of legal right

(3) infringement of legal right without damage

(4) infringement of legal right with damage

8. Malice in law means

(1) Wrongful act done intentionally but without just cause or excuse

(2) Wrongful act done intentionally with just cause & excuse

(3) Wrongful act done intentionally with good motive

(4) Wrongful act done intentionally with evilmotive

9. What kind of contact must the plaintiff prove as an element of the

tort of battery?

(a) Violent contact

(b) Contact causing some injury, however slight
(c) Any contact without the plaintiff’s consent
(d) Harmful or offensive contact

10. Ramu applied for the post of Director in an organization. The

governing body of the organization passed a resolution appointing him
to the post. After the meeting, one of the members of the governing
body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages. Which
one of the following is the correct legal proposition in the case?

(A) Ramu cannot claim damages as he had not resigned from his existing post in anticipation of getting the appointment
letter
(B) Ramu cannot claim damages as there was no formal communication
(C) Ramu can claim damages as governing body cannot rescind the resolution once passed
(D) Ramu can claim damages as there was private communication

11. A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning
officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the
candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.

(a) A will be entitled to damages

(b) A will not be entitled to damages

(c) A will be entitled to only nominal damages

(d) A will be entitled to exemplary damages

12. In a community there is a custom of stealing shoes of bridegroom during the marriage ceremony. The shoes of the
bridegroom were stolen by Y, A announced that Z has stolen the shoes. Everyone present in the marriage party started
staring at Z with great surprise. Z felt very ashamed.

(a) A defamed Z
(b) A did not defame Z
(c) A defamed Z for Z felt very ashamed
(d) A defamed the whole marriage party
 13. Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst
in one of her ovaries. Due the negligence of the surgeon, who performed the operation, abdominal pack was left in her
abdomen. The same was removed by a second surgery.

(a) Surgeon cannot be held responsible because it is merely a human error

(b) Surgeon can be held responsible but Seema will have to prove in the court of law that the surgeon was grossly negligent
(c) Surgeon will be responsible and Seema need not to prove surgeon’s negligence because presence of abdominal pack in
her abdomen is sufficient proof therefore
(d) None of the above

14. Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near
her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now, Srikant files
a suit for damages against Nisha.

(a) Nisha is not liable as it was the negligence of Saurabh

(b) Saurabh is solely liable as Nisha was not driving the car
(c) Nisha is liable as Saurabh was driving under her authority and for her purpose.
(d) Saurabh will be exempted from liability under the principle of inevitable accident

15. D is a driver employed by M, who is the owner of a company. During the lunch time, D goes to a close by tea shop to
have a cup of tea. There he picks up fight with the tea shop owner (T), which resulted in some damage to his shop. T wants
to sue M for claiming compensation for the damage caused by the fight. Which of the following derivations is CORRECT?

(a) M will be liable because D is his servant

(b) Both M and D will be liable.
(c) M will not be liable because the wrongful act (picking up fight) was not committed in the course of D’s employment.
(d) M will be liable albeit the wrongful act (picking up fight) was not committed in the course of his employment.

16. Jeevan and Pavan were neighbours in residential locality. Pavan started a typing class in a part of his house and his
typing sound disturbed Jeevan, who could not put up with and kind of continuous noise. He filed a suit against Pavan.

(a) Pavan is liable, because he should not have started typing class in his house
(b) Pavan is liable, because as his neighbour, he should have realized Jeevan’s delicate nature.
(c) Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan.
(d) Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan.

17. Match List-I with List-II. Use the code below to select the right answer.

List – I List – II

a. Donoghue V. Stevenson 1. Remoteness of damages

b. In re Polemis 2. Absolute liability

c. M.C. Mehta V. Union of India 3. Neighbour principle

d. Lloyd V. Grace Smith & Co. 4. Vicarious liability

Codes:

abcd

(A) 2 3 4 1

(B) 2 3 1 4

(C) 3 1 4 2

(D) 3 1 2 4

18. Fill in the gap. Contributory negligence is ______ defense to a criminal charge.

(A) Genuine

(B) Accurate

(C) Sharp
(D) no

19. Assertion (A): Damages must be related to damage.

Reason (R): Damage is damaging and damages are compensating.

Codes:

(A) Both (A) and (R) are true, but (R) is not correct explanation of (A).

(B) Both (A) and (R) are true, and (R) is correct explanation of (A).

(C) (A) is true, but (R) is false.

(D) (A) is false, but (R) is true

20. Liability in torts depends on

(A) Quantum of damages suffered

(B) Involvement of intention

(C) Infringement of legal right

(D) Effect of public interest

Answer: (C)

21. Which of the following ingredients are essential to make master liable for the acts of the servant?

(1) Tort was committed by the servant.

(2) Tort was committed in the course of employment.

(3) Express authority was given by master.

(4) Master has knowledge of all constituent offers of tort.

Codes:

(A) 1, 2, 3

(B) 1, 2, 4

(C) 3, 4

(D) 1, 2

Answer: (D)

22. Which of the following is an essential constituent of negligence?

(1) Defendant was under or legal duty to exercise due care

(2) This duty was owed to plantiff

(3) Defendant committed breach of such duty

(4) That the breach of such duty was the direct and proximate cause of the damage alleged.

Codes:

(A) 1, 2 and 3

(B) 1, 2, 3 and 4

(C) 2, 3 and 4
(D) 1, 2 and 4

Answer: (B)

23. Which one of the following is not a good defence in suits for damages or negligence?

(A) Contributory Negligence

(B) Express contract with plantiff

(C) Express contract where statute prohibits

(D) Voluntary assumptions of risk

Answer: (C)

24. Match List –I with List – II and select the correct answer using the codes given below the lists

List – I List – II

(a) Rayland vs Fletcher 1. Compensation for pain and suffering

(b) Donoghue V Stevenson 2. Loss caused by Competition in business

(c) Glucester Grammer School Case 3. Strict liability

(d) Rose vs. Ford 4. Liability of minor for tests

5. Liability for negligence

Codes:

(a) (b) (c) (d)

(A) 1 2 3 4

(B) 2 3 4 5

(C) 3 5 2 1

(D) 3 4 2 1

Answer: (C)

25 . Assertion (A): Tort is a civil wrong redressible by an action for unliquidated damages only.

Reason (R): Law does not provide compensation in the nature of liquidated damages.

Codes:

(A) Both (A) and (R) are true and (R) is correct explanation of (A).

(B) Both (A) and (R) are true but (R) is not the correct explanation of (A).

(C) (A) is true but (R) is false.

(D) (A) is false but (R) is true.

Answer: (C)

26. ‘Z’ while walking along a deserted road at night during winter saw a just born baby abandoned on a side. Fora moment
be realized that he could save the baby without appreciable trouble, expense or loss of his time and also felt that if the baby
is left over unprotected, it might die. But he did nothing and went away. ‘P’ another person also passed through that road and
saw the baby and acted just like ‘Z’ and went away. Next morning the infant baby died of exposure.

Decide who is responsible?

(A) Only ‘Z’ who saw first

(B) ‘P’ for omitting to be compassionate

(C) Both ‘Z’ and ‘P’ for negligence

(D) Neither ‘Z’ nor ‘P’ is responsible

Answer: (D)

27 . P, owner of a car, asked his friend Q to drive the car to Bombay where he would join him. As the car was about five
kilometres from Bombay, it hit a pedestrian R, on account of Q’s negligent driving and injured him seriously. R sued P for
damages. In this case:

(A) P is not liable.

(B) The liability is solely of Q, as P was not accompanying him.

(C) Since Q was driving P’s car was under his authority, P is liable.

(D) P has the defence of inevitable accident.

Answer: (C)

28. “If it was lawful act, however ill the motive might be, the defendant had a right to do it.” This observation was made by
the court in one of the following cases:

(A) Mayor of Bradford Corporation Vs. Pickles

(B) Ashby Vs. White

(C) Christie Vs. Davey

(D) Hollywood Silver Fox Farm Ltd. Vs. Emmet

Answer: (A)

29. P and Q, unknown to R, sought and got a lift in R’s car, but on account of some mechanical defect in the car, of which R
was not aware, one of the front wheels of the car got detached and flew away, and the car toppled. P and Q got serious
injuries and later on, P died of his injuries. Q and P’s next kin sued R for damages for negligent driving. What defence R
has?

(A) Volenti non fit injuria

(B) No responsibility towards P and Q who got a free lift

(C) Inevitable accident

(D) No defence

Answer: (C)

30. In contributory negligence:

(A) Both parties have contributed to the negligence equally.

(B) Only one party is negligent and other has not taken due care.

(C) One party is negligent resulting in injury while the other has taken due care.

(D) When lack of care is equal on both sides.

Answer: (B)
31. P shoot at Q with the view to kill him. When Q was being taken to hospital, a tree fell upon Q on the way and Q died in
the hospital a few days later. If it was proved that the falling of the tree caused Q’s death, then

(A) P shall be responsible for the death of Q.

(B) Falling of tree has broken the chain of causation.

(C) P is not liable to pay compensation to the dependents of Q.

(D) P is responsible for the death of Q as Q’s death was the direct consequence of P’s act.

Answer: (B)

32. Which one of the following has been laid down as basis of responsibility by the rule in Rylands Vs. Fletcher?

(A) Fault liability

(B) Conditional liability

(C) Strict liability

(D) Insurance liability

Answer: (C)

33. Which one of the following statements is incorrect?

(A) Tort is a civil wrong in which claim for unliquidated damages is made.

(B) In tort, action lies against the wrong-doer in a civil court.

(C) For a tortious liability, a jail term can also be awarded.

(D) In some torts an injunction can also be issued against the wrong-doer

Answer: (C)

34. Which one of the following defences is not available in Law of Tort?

(A) Volenti non-fit injuria

(B) Act of God

(C) Contributory negligence

(D) Inevitable accident

Answer: (C)

35. ‘Sometimes it happens that the legal right of a person is violated but he does not suffer any harm.’ From which one of the
following maxim we can attribute it?

(A) Damnum sine injuria

(B) Injuria sine damno

(C) Volenti non-fit injuria

(D) Res ipsa loquitur

Answer: (B)

36. The rule of ‘absolute liability’ was laid down by the Supreme Court of India in the following case:

(A) Rylands vs. Fletcher

(B) M.C. Mehta (Sriram Food and Fertilizer Co.) vs. Union of India
(C) M.C. Mehta (C.N.G. Fuel case) vs. Union of India

(D) None of the above

Answer: (B)

37. In which of the following cases did the Supreme Court of India gave the ruling that sovereign immunity of the State is
subject to the Fundamental Rights?

(A) Kasturilal Ralia Ram Jain vs. State of U.P.

(B) State of Rajasthan Vs Vidhyawati

(C) People’s Union for Democratic Rights vs. State of Bihar

(D) Shyam Sundar vs. State of Rajasthan

Answer: (C)

38. The rule laid down in Re Polemis case is that the defendant shall be liable for all

(A) Direct consequences of his act.

(B) Direct consequences of his act, if he could foresee some damage to the plaintiff from his act.

(C) Direct consequences of his act, only if he could foresee the kind of damage which has actually occurred.

(D) Foreseeable damage.

Answer: (B)

39. The main supporter of theory that ‘it is a law of tort’ and not ‘law of torts’:

(a) Winfield

(b) salmond

(c) fleming

(d) Hart

40. The concept of nervous shock is related to which part of body:

(a) heart

(b) brain

(c) abdomen

(d) respiratory organs