Law of Torts MCQs for Law Aspirants: Solved High-Quality MCQs for Judiciary Prelims

Law of Torts - Solved High-Quality MCQs for Judiciary Prelims

Law of Torts MCQs for Law Aspirants

Q.1) The word "tort" was derived from ____ term

[A] Greek

[B] French

[C] Latin

[D] None of the above

Q.2) The word tort means

[A] Civil wrong

[B] Breach of trust

[C] Breach of contract

[D] All of the above

Q.3) Tort is an infringement of

[A] Right in personam

[B] Right in rem

[C] All of the above

[D] None of the above

Q.4) Tort is redressible by an action for

[A] Liquidated damages

[B] Unliquidated damages

[C] Imprisonment

[D] Specific performance

Q.5) Unliquidated damages means

[A] Compensation at large

[B] Amount of damage is not predetermined

[C] Court can exercise discretion in deciding the amount of damage

[D] All of the above

Q.6) Which of the following is false?

[A] Civil wrong are more heinous than crimes.

[B] Tort is a private wrong.

[C] Crime is offence against the state

[D] Tort and crime are distinguished.

Q.7) The concept of privity of contract ____

[A] Is applicable in torts

[B] Is applicable in torts and contract

[C] Is not applicable in torts

[D] None of the above.

Q.8) The landmark case with respect to the relevancy of privity of contract in torts is

[A] Ashby v. White

[B] Donoghue v. Stevenson

[C] Ryland v. Fletcher

 [D] Rudal Shah v. State of Bihar

Q.9) Law of torts has its origin from

[A] Civil law

[B] Religious law

[C] Common law

[D] Statutory law

Q.10) Law of breach of trusts which is distinguished from law of torts, has its origin from

[A] Religious law

[B] Court of Chancery

[C] Common law

[D] Statutory law

Q.11) Common point between tort and quasi-contract is that

[A] Both are mutually exclusive

[B] Both are with respect to money

[C] Both have a duty imposed by law

[D] Both have same remedies

Q.12) Who was the founder of pigeon hole theory

[A] Dr. Williams

[B] Salmond

[C] Justice Holt

[D] Winfield

Q.13) The theory of tort proposed by Winfield was based on the principle of

[A] Ubi jus ibi remedium

[B] Negligence

[C] Breach of trust

[D] None of the above

Q.14) The theory of tort proposed by Winfield was upheld in the case of

[A] Ashby v. White

[B] Donoghue v. Stevenson

[C] Ryland v. Fletcher

[D] Rudal Shah v. State of Bihar

Q.15) The theory of tort proposed by Salmond was upheld in the case of

[A] Ashby v. White

[B] Donoghue v. Stevenson

[C] Ryland v. Fletcher

[D] Lumley v. Gye

Q.16) Which is true in the words of Salmond?

[A] Court cannot create new torts

[B] The wrong committed must be covered under any one of the nominated torts

[C] Court can create new torts

[D] Both 1 and 2

Q.17) Which is true in respect of the essentials of tort

[A] There must be an act on the part of the defendant

[B] Act includes omission

[C] Such act or omission results in legal damage to the plaintiff

[D] All of the above

Q.18) The wrongful act or omission

[A] Must be recognized by law

[B] Need not be recognized by law

[C] Depends on the act

[D] All of the above

Q.19) Wrongful act or omission

[A] Includes moral wrong

[B] Includes social wrong

[C] Excludes both

[D] Includes both

Q.20) A legal damage occurs

[A] When there is a legal right

[B] There is a violation of legal right

[C] There is a violation of legal duty

[D] All of the above

Q.21) Injuria sine damno means

[A] Injury to legal right with monetary loss

[B] Injury to legal right without monetary loss

[C] There is no violation of legal right

[D] None of the above

Q.22) Damnum sine Injuria is

[A] Actionable before the court

[B] Not actionable before the court

[C] Actionable at the discretion of the court

[D] None of the above

Q.23) Injuria sine damno is actionable

[A] Even if the violation is trivial

[B] Only if the violation is substantial

[C] Only if there is monetary damage

[D] None of the above

Q.24) Which of the following is not a case relating to injuria sine damno

[A] Ashby v. White

[B] Bhim Singh v. State of J&K

[C] Tozer v. Child

[D] Gloucester Grammar School case

Q.25) Which of the following is not a case relating to Damnum sine Injuria

[A] Acton v. Blundell

[B] Bhim Singh v. State of J & K

[C] Ushaben v. Bhagyalaxmi Chitra Mandir

[D] Gloucester Grammar School case

Q.26) Mental element is an essential element in most forms of

[A] Tort

[B] Crime

[C] Both 1 and 2

[D] None of the above

Q.27) Mental element is essential in

[A] Deceit

[B] Malicious prosecution

[C] Assault

[D] All of the above

Q.28) Liability without fault is relevant in

[A] Tort of conversion

[B] Vicarious liability

[C] Both 1 and 2

[D] None of the above

Q.29) Evil motive is

[A] Malice in law

[B] Malice in fact

[C] Crime

[D] None of the above

Q.30) Willful act done without cause or excuse is

[A] Malice in law

[B] Malice in fact

[C] Crime

[D] None of the above

Q.31) Defamation is an example of

[A] Malice in law

[B] Malice in fact

[C] Both

[D] None of the above

Q.32) Malice in fact is also called as

[A] Evil motive

[B] Actual malice

[C] Both

[D] None of the above

Q.33) When a person consents to the infliction of harm upon himself, it is called

[A] Volenti non-fit injuria

[B] Scienti non-fit injuria

[C] Ubi jus ibi remedium

[D] None of the above

Q.34) In the case of the above doctrine, a person

[A] Waives his right to enforce a claim

[B] Safeguards his right to enforce a claim

[C] Has no right at all

[D] None of the above

Q.35) Consent to suffer a harm can be

[A] Express

[B] Implied

[C] Both 1 and 2

[D] None of the above

Q.36) The defence of consent is available when

[A] The act causing harm does not go beyond the limit

[B] When there is deliberate harm caused

[C] When there is negligence

[D] All of the above

Q.37) The ruling that a spectator to a sport impliedly consents to the danger involved in the sport in the case of

[A] Padmavati v. Dugganaika

[B] Ashby v. White

[C] Hall v. Brooklands Auto Racing Club

[D] None of the above

Q.38) The ruling that the word spectator also includes the photographers and media present at a sport and they also impliedly consent to the danger involved in the sport in the case of

[A] Padmavati v. Dugganaika

[B] Ashby v. White

[C] Hall v. Brooklands Auto Racing Club

[D] Wooldridge v. Sumner

Q.39) The defence of consent is not available when

[A] The act is something other than the act for which consent was obtained

[B] When there is deliberate harm caused

[C] When there is negligence

[D] All of the above

Q.40) Consent

[A] Must be free

[B] Must be informed

[C] Need not be free

[D] None of the above

Q.41) The famous case that ruled that the act must be something for which consent was obtained is

[A] Padmavati v. Dugganaika

[B] Bhim Singh v. State of J&K

[C] Rudal Shah v. State of Bihar

[D] Lakshmi Rajan v. Malar Hospital

Q.42) Which of the following is not valid consent

[A] Consent through fraud

[B] Consent through coercion

[C] Consent through misrepresentation

[D] All of the above

Q.43) The famous music teacher case with regard to consent through fraud is

[A] R v. Williams case

[B] Smith v. Baker

[C] Ryland v. Fletcher

[D] Wooldridge v. Sumner

Q.44) In the case of Smith v. Baker it was held that

[A] The act causing harm does not go beyond the limit

[B] Deliberate harm should not be caused

[C] Mere knowledge of risk does not imply consent

[D] None of the above

Q.45) When the plaintiff consents to the risk, the presumption is that the defendant

[A] Will not be negligent

[B] Will not cause deliberate harm

[C] Will not cause harm at all

[D] Both 1 and 2

Q.46) In the famous case of Haynes v. Harwood the court held that the doctrine of Volenti non fit injuria will not apply in

[A] Rescue cases

[B] When there is negligence

[C] When there is no harm

[D] None of the above

Q.47) It was held that the exception to rescue cases also holds good in the case of rescue of property in the case of

[A] Hyett v. Great Western Railway

[B] Haynes v. Harwood

[C] Donoghue v. Stevenson

[D] None of the above

Q.48) Another exception to the doctrine volenti non fit injuria is

[A] Unfair contract terms

[B] Contributory negligence

[C] Both 1 and 2

[D] None of the above

Q.49) From an immoral cause no action arises - which is the corresponding Latin maxim

[A] Res ipsa loquitur

[B] Ex turpi causa non oritur actio

[C] Ubi jus ibi remedium

[D]Scienti non fit injuria

Q.50) The famous case with regard to the above general defence where a trespasser shot by the spring gun of the plaintiff could not succeed is

[A] Stanley v. Powell

[B] Bird v. Holbrook

[C] Haynes v. Harwood

[D] Wooldridge v. Sumner

Q.51) Something which is not avoidable by any precautions of a prudent man is

[A] Inevitable accident

[B] Act of God

[C] Necessity

[D] None of the above

Q.52) The famous case of the shooting party where the defendant shot at the plaintiff aiming for a pheasant is

[A] Stanley v. Powell

[B] Bird v. Holbrook

[C] Haynes v. Harwood

[D] Wooldridge v. Sumner

Q.53) Accidental damage to property has been considered non-actionable as per

[A] Stanley v. Powell

[B] Bird v. Holbrook

[C] Haynes v. Harwood

[D] Nitroglycerin case

Q.54) The defence of inevitable accident is available only when

[A] Sufficient precautions are taken

[B] There is reasonable care

[C] Consent

[D] Both 1 and 2

Q.55) A circumstance that arises due to extraordinary occurrence is

[A] Inevitable accident

[B] Act of God

[C] Necessity

[D] None of the above

Q.56) Which of these is an act of God?

[A] Volcanic eruption

[B] Tempest

[C] Storm

[D] All of the above

Q.57) The terms Culpa lata and Culpa levis mean:

[A] Gross negligence and slight negligence

[B] Culpable and non culpable

[C] Cognizable and non-cognizable

[D] Civil liability and criminal liability

Q.58) The manufacturer's liability principle was laid down in:

[A] Donoghue v. Stevenson, (1932)

[B] Grant v. Australian Knitting Wool Co., (1936)

[C] Dorset Yacht case, (1968) HL

[D] In re Polemis Case, (1921) AC

Q.59) Maxim 'Res ipsa loquitur' means

[A] The things speak for itself

[B] He who can't act himself cannot act at all

[C] He who does an act through another is deemed in law to do it himself

[D] None of the above

Q.60) For an occurrence to be extraordinary it must be

[A] Unanticipated

[B] Anticipated

[C] Unguarded against

[D] Both 1 and 3

Q.61) In Ryland v. Fletcher, it was held that

[A] There must be a working of natural force

[B] Act of God is a defence to the rule of strict liability

[C] The act of God must be anticipated

[D] None of the above

Q.62) During a hammer throw, the hammer came apart and hit a runner who was sitting 10 meters away. He sustained injuries due to this. The organizer failed to take proper precautions before the event was conducted. He sued the organizers for compensation. Will he succeed?

[A] He will not succeed as he exposed himself to that risk

[B] He will succeed as it was the negligence of the organiser

[C] He will succeed as he was not involved in the hammer throw

[D] He will not succeed as he is an athlete

Q.63) In which of the cases the court ruled that the occurrence of the circumstance must be extraordinary

[A] Padmavati v. Dugganaika

[B] Bhim Singh v. State of J&K

[C] Nichols v. Marshland

[D] Lakshmi Rajan v. Malar Hospital

Q.64) Act done to protect oneself is

[A] Inevitable accident

[B] Necessity

[C] Private defence

[D] None of the above

Q.65) The use of force is justified only

[A] For defence

[B] For harm

[C] Both 1 and 2

[D] None of the above

Q.66) Private defence holds good

[A] For humans

[B] For property

[C] Both

[D] None of the above

Q.67) The use of excessive force in private defence is not permitted, as ruled in

[A] Stanley v. Powell

[B] Nicholas v. Marshall

[C] Collins v. Renison

[D] None of the above

Q.68) Mistake of law is

[A] A defence in tort

[B] No defence in tort

[C] Exception to tort

[D] None of the above

Q.69) The famous auctioneer case with the respondent was held liable for the tort of conversion is

[A] Stanley v. Powell

[B] Nicholas v. Marshall

[C] Collins v. Renison

[D] Consolidated Co. v. Curtis

Q.70) Act causing damage done to prevent greater harm is

[A] Inevitable accident

[B] Necessity

[C] Private defence

[D] None of the above

Q.71) Necessity is distinguished from

[A] Inevitable accident

[B] Act of God

[C] Private defence

[D] Both 1 and 2

Q.72) The defendant trespassing on the land of the plaintiff to stop the engulfing fire attracts the defence of

[A] Inevitable accident

[B] Necessity

[C] Private defence

[D] Act of God

Q.73)  The damage that occurs or results from an act authorised by legislature attracts ___ as a defence

[A] Statutory authority

[B] Necessity

[C] Private defence

[D] Act of God

Q.74) The case where the sparks from the engine triggered fire in the woods of the neighbourhood and the claim was rejected based on statutory authority and reasonable care is

[A] Vaughan v. Taff Vale Rail Co.

[B] Hammersmith Rail Co v. Brand

[C] Smith bs London & South Western Railway co

[D] None of the above

Q.75) The case where the plaintiff claimed compensation for depreciation in the value of his property near the railway line was denied in the case of

[A] Vaughan v. Taff Vale Rail Co

[B] Hammersmith Rail Co v. Brand

[C] Smith v. London & Southwestern Railway Co

[D] None of the above

Q.76) In which case the railway company was held liable for the fire that occurred from the sparks of the engine that fired the grass and hay left negligently

[A] Vaughan v. Taff Vale Rail co

[B] Hammersmith Rail Co v. Brand

[C] Smith v. London & southwestern Railway Co

[D] None of the above

Q.77) The authority given by the statute may be

[A] Absolute

[B] Conditional

[C] Unlimited

[D] Both 1 and 2

Q.78) The famous case regarding the conditional authority granted by statute regarding the smallpox hospital is

[A] Vaughan v. Taff Vale Rail Co

[B] Hammersmith Rail Co v. Brand

[C] Smith v. London & southwestern Railway Co

[D] Metropolitan Asylum District v. Hill

Q.79) The famous ginger beer case is

[A] Ashby v. White

[B] Donoghue v. Stevenson

[C] Ryland v. Fletcher

[D] Lumley v. Gye

Q.80) Scienti non-fit injuria means

[A] Something which is not avoidable by any precautions of a prudent man

[B] Act causing damage done to prevent a greater harm

[C] Consents to the infliction of harm

[D] Mere knowledge of risk does not amount to consent

Q.81) The famous "Jai santoshi maa" case is

[A] Acton v. Blundell

[B] Bhim Singh v. State of J&K

[C] Ushaben v. Bhagyalaxmi Chitra Mandir

[D] Gloucester Grammar school case

Q.82) X store sent certain items in a horse carriage to a customer’s house, which happened to be by the side of a school. The horse was left unattended for some time. A few children threw stones at the horse which made the horse run over an old lady. The lady suffered certain injuries and sued X store for compensation. Will she succeed?

[A] Yes. She will succeed

[B] No. She will not succeed

[C] She would partly succeed, and sue the school for the remaining compensation

[D] None of the above

Q.83) A & S store sent certain items in a horse carriage to a customer’s house, which happened to be by the side of a school. A few children threw stones at the horse which made the horse run around and was about to hit over an old lady. A police constable who was on duty, stopped the horse and got injured in the course. He sued A&S for the damages. Will he succeed?

[A] The policeman will not succeed as he voluntarily suffered the injury

[B] The policeman will succeed

[C] The policeman should have sued the old lady

[D] The policeman should have sued the school

Q.84) An old man was walking in a narrow one-way lane in the opposite direction. It was dark. A car moving in the right direction but without a headlight knocked him down since the driver couldn't see him. Will he succeed?

[A] Yes

[B] No, as it was an accident

[C] No, as it is the negligence of the old man

[D] No, she exposed her to the risk

Q.85) A cricket match is being held in a stadium. X being unable to afford the ticket price, is viewing the cricket match sitting on top of a tree. When a batsman hits a ball over the boundary, the ball, in turn, hits A and he sustains an injury. Who is liable?

[A] The organizer

[B] The batsman

[C] Both 1 and 2

[D] No one is liable

Q.86) Vis major is an:

[A] Accident which can be controlled by human action

[B] Action of an enemy

[C] Inevitable accident beyond human control

[D] Accident with strict liability

Q.87) Statements:

I) Mistake of fact is excusable
II) Mistake of law is excusable
III) Mistake of fact is not excusable
IV) Mistake of law is not excusable

Which among the above are true

[A] I and II

[B] III and IV

[C] I and IV

[D] All of the above

Q.88) Which among these is not a General Defence?

[A] Mistake

[B] Private Defence

[C] Inevitable Accident

[D] Public Defence

Q.89) Rajan runs an auction shop on the beaches of Goa. Shashank is a Nepalese entrepreneur who asks her friend Rajan to auction off some ill-gotten goods that the former has smuggled in from Nepal. Rajan ran all the usual checks on the goods and was reasonably confident that the goods were genuine. He auctioned off the goods and then the anomaly was detected and the new owners sued Rujan. Who is liable?

[A] Rajan

[B] Shashank

[C] Purchaser should bear the loss

[D] None of the above

Q.90) Dhiru and Sanjay are neighbours. Sanjay’s house was on fire so he trespassed onto Dhiru’s property to draw water from the latter’s well to house the fire. Dhiru wanted to sue Sanjay. What would you advise?

[A] He will succeed as there was a tort committed

[B] He will not succeed as drawing water was out of necessity

[C] He will succeed as Dhru failed to pay

[D] He will succeed as there is no proof to show that he exhausted other sources of water before trespassing

Q.91) Sandip and Shayuk went to the forest to shoot birds. Sandip’s bullet skidded off the bark of a tree and hit Shayuk while he was talking on the phone. Shayuk was injured and sued his friend for compensation.

[A] Sandip is liable

[B] Sandip is not liable as it was the negligence of Shayuk

[C] Sandip is not liable as Shayum voluntarily subjected to the risk

[D] Sandip is not liable as it is an inevitable accident

Q.92) Mr. Ganesh was passing by Mrs. Mattoo’s house. At that time Mrs Mattoo’s dog ran out of the open gate and bit Mr. Ganesh's overcoat. Mr. Ganesh sued Mrs. Mattoo for damages.

[A] Mrs Mattoo will succeed in defence as the dog is expected to harm the pedestrians

[B] Mrs Mattoo will Succeed in defence as it was an accident

[C] Mrs Mattoo will not succeed in defence as she was negligent

[D] Mrs. Mattoo Will not succeed in defence as she should not have owned a furious animal

Q.93) Mr. Ganesh was passing by Mrs. Mattoo’s house. At that time Mrs. Mattoo’s dog ran out and bit Mr. Ganesh overcoat. Mr. Ganesh took out the pistol, seeing which the dog started to run. Despite this, he shot the dog which immediately died. Mrs. Motto sued Mr. Ganesh for damages

[A] Mr. Ganesh would succeed as he acted in private defence

[B] Mr. Ganesh would succeed as it was the negligence of Mrs. Mottoo

[C] Mr. Ganesh will not succeed as it was excessive use of private defence

[D] Mr. Ganesh will succeed as the dog damaged the overcoat

Q.94) When does the right to private defence end?

[A] When the threat beings

[B] When imminent danger ends

[C] Both 1 and 2

[D] None of the above

Q.95) What are the ingredients to claim the defence of the Act of God?

[A] Working of natural force

[B] Unanticipated and extraordinary occurrence

[C] Both 1 and 2

[D] None of the above

Q.96) What must be proved when the defence of inevitable accident is claimed

[A] Did not intend to cause harm

[B] Did not have means to avoid the injury

[C] Both 1 and 2

[D] None of the above

Q.97) In the case of Stanly v. Powell which of the following principles were applied

[A] Private defence

[B] Inevitable accident

[C] Act of God

[D] None of the above

Q.98) In the case of Hall v. Brooklands Motor Company which of the following principles was applied?

[A] Volenti Non-Fit Injuria

[B] Inevitable accident

[C] Act of God

[D] None of the above

Q.99) The remedy in case of tort is:

[A] Deterrent punishment to the wrongdoer

[B] Reformation of the wrongdoer

[C] Compensation money (Damages)

[D] None of the above

Q.100) 'Res ipsa loquitur' places the burden of proving negligence on

[A] Defendant

[B] Plaintiff

[C] Both 1 and 2

[D] It is irrelevant which party proves

Answers

Q.1) C

Q.2) A

Q.3) B

Q.4) B

Q.5) D

Q.6) A

Q.7) C

Q.8) B

Q.9) C

Q.10) B

Q.11) C

Q.12) B

Q.13) A

Q.14) A

Q.15) D

Q.16) D

Q.17) D

Q.18) A

Q.19) C

Q.20) D

Q.21) B

Q.22) B

Q.23) A

Q.24) D

Q.25) B

Q.26) B

Q.27) D

Q.28) C

Q.29) B

Q.30) A

Q.31) A

Q.32) C

Q.33) A

Q.34) A

Q.35) C

Q.36) A

Q.37) C

Q.38) D

Q.39) D

Q.40) A

Q.41) D

Q.42) D

Q.43) A

Q.44) C

Q.45) D

Q.46) A

Q.47) A

Q.48) A

Q.49) B

Q.50) B

Q.51) A

Q.52) A

Q.53) D

Q.54) D

Q.55) B

Q.56) D

Q.57) A

Q.58) A

Q.59) A

Q.60) D

Q.61) B

Q.62) B

Q.63) C

Q.64)C

Q.65) A

Q.66) C

Q.67) C

Q.68) B

Q.69) D

Q.70) B

Q.71) D

Q.72) B

Q.73) A

Q.74) A

Q.75) B

Q.76) C

Q.77) D

Q.78) D

Q.79) B

Q.80) D

Q.81) C

Q.82) A

Q.83) B

Q.84) A

Q.85) D

Q.86) C

Q.87) C

Q.88) D

Q.89) B

Q.90) B

Q.91) D

Q.92) C

Q.93) C

Q.94) B

Q.95) C

Q.96) C

Q.97) B

Q.98) A

Q.99) C

Q.100) A