Law of Torts and Consumer Protection Questions Asked in UGC NET Exam | UGC NET (Law) #Special

The UGC NET Exam encompasses various topics within the Law of Torts and Consumer Protection, assessing candidates on key legal principles, case laws, and legislative frameworks. Each exam cycle tests the understanding of these subjects with varying question distribution, making it an essential component of the syllabus for law aspirants. This article compiles questions from previous UGC NET Law exams (2019-2023) focused on the Law of Torts and Consumer Protection to serve as a valuable resource for candidates.

This article is regularly updated after every exam to ensure it remains a current and valuable tool for preparation.

The official syllabus of UGC NET (Law) for Law of Torts and Consumer Protection includes the following:

1. Nature and definition of tort

2. General principles of tortious liability

3. General defenses

4. Specific torts – Negligence, nuisance, trespass and defamation

5. Remoteness of damages

6. Strict and absolute liability

7. Tortious liability of the State

8. The Consumer Protection Act 1986 - Definitions, consumer rights and redressal mechanism

9. The Motor Vehicles Act, 1988 - No fault liability, third party insurance and claims tribunal

10. The Competition Act, 2002 - Prohibition of certain agreements, abuse of dominant position and regulation of combinations

Law of Torts and Consumer Protection Questions Asked in UGC NET Exam | UGC NET (Law) #Special

UGC NET December 2023

1. Polluter Pays Principle is also known as _______.

1) Principle of Good Neighbourliness

2) Principle of Common Responsibility

3) Principle of Public Liability

4) Principle of Extended Producer Responsibility (EPR)

Correct Option: 4

2. Central Consumer Protection Council is headed by a chairperson who is

1) Retired judge of the Supreme Court of India

2) Minister in charge of Department of Consumer Affairs in Central Government

3) President of India or his nominee

4) Head of Competition Commission of India

Correct Option: 2

3. What amongst the following are necessary characteristics for ‘Libel’?

A. It is defamation of permanent form

B. The burden of proof that the words are false lie upon the plaintiff

C. No actual damage need to be proved to sustain an action

D. Falsity of charge is presumed in favour of plaintiff

Choose the correct answer from the options given below:

1) (A), (B), (C) Only

2) (B), (C), (D) Only

3) (A), (B), (D) Only

4) (A), (C), (D) Only

Correct Option: 4

4. Which of the following statements given below are correct?

A. “A wrong is an act contrary to the rule of right and justice”

B. “A moral or natural wrong is an act which is morally or naturally wrong being contrary to the rule of natural justice”

C. A legal wrong is an act which is legally wrong, being contrary to the rule of legal justice and a violation of the law

D. A legal wrong is always a moral wrong and a moral wrong is always a legal wrong

E. Natural and legal wrongs cannot form intersecting circles

Choose the correct answer from the options given below:

1) (A), (B) and (C) Only

2) (A), (D) and (E) Only

3) (B), (C) and (D) Only

4) (B), (D) and (E) Only

Correct Option: 1

5. Match List-I with List-II

Choose the correct answer from the options given below:

1) (A) - (IV), (B) – (I), (C) – (II), (D) – (III)

2) (A) – (I), (B) – (II), (C) – (III), (D) – (IV)

3) (A) – (III), (B) – (IV), (C) – (I), (D) – (II)

4) (A) – (II), (B) – (III), (C) – (IV), (D) - (I)

Correct Option: 1

6. Arrange the names of the following cases in the sequence in which they were decided:

A. Gloucester Grammar School Case

B. Donoghue v. Stevenson Case

C. Ashby v. White Case

D. Rylands v. Fletcher Case

Choose the correct answer from the options given below:

1) (A), (C), (D), (B)

2) (B), (C), (D), (A)

3) (C), (D), (B), (A)

4) (B), (A), (D), (C)

Correct Option: 1

7. Arrange the names of the following cases in the sequence in which they were decided:

A. Ashbyry Rly Carriage Co. Ltd. v. Riche

B. Royal British Bank v. Turquand

C. Mohori Bibee v. Dharmodas Ghose

D. State Trading Corporation of India Ltd. v. CTO, Vishakhapatnam

E. Salomon v. Salomon Co. Ltd

Choose the correct answer from the options given below:

1) (B), (A), (E), (C), (D)

2) (A), (B), (C), (E), (D)

3) (C), (D), (A), (B), (E)

4) (B), (C), (E), (A), (D)

Correct Option: 1

8. All sums realised by way of penalties under the Competition Act, 2002 are credited to:

1) Competition fund

2) Consolidated fund of India

3) Finance Account of Ministry of Commerce

4) PM Relief Fund

Correct Option: 2

9. ‘Dominant position’ of an enterprise is reflected in which of the following situations:

A. Position of strength in the relevant international market

B. Enterprise operating independently of market forces in India

C. Affecting competition or consumers of relevant market in India in its favour

D. Position of strength enjoyed in relevant market in India

Choose the correct answer from the options given below:

1) (A), (B), (C) only

2) (A), (C), (D) only

3) (B), (A), (D) only

4) (C), (D), (B) only

Correct Option: 4

UGC NET December 2021 & June 2022 (Merged Cycles)

1. The doctrine, res ipsa loquitur, was applied by the Supreme Court in

1) Alka v. Union of India

2) Asa Ram v. Municipal Corporation of Delhi

3) Municipal Corporation of Delhi v. Subhagwanti

4) Jasbir Kaur v. State of Punjab

Correct Option: 3

2. The test of reasonable foresight in determining the remoteness of damages was first applied in

1) Re: Polerris

2) Wagon Mound Case

3) Doughty v. Turner Manufacturing Co. Ltd

4) S.C.M (United Kingdom) Ltd. v. W.J. Whittal & Sons

Correct Option: 2

3. The Consumer Protection Act, 2019, talks about direct selling, e-commerce and electronic service provider

1) True

2) False

3) Consumer Protection Act, 1986 did not provide about this

4) Both 1 and 3

Correct Option: 4

4. Given below are two statements: one is labelled as Assertion (A) and the other is labelled as Reason (R).

Assertion (A): A master is liable for all tortious acts of his servants done in the course of employment.

Reason (R): The representatives of the dead person are, in certain cases, liable for the acts of the deceased

In the light of the above statements, choose the correct answer from the options given below:

1) Both (A) and (R) are correct and (R) is the correct explanation of (A)

2) Both (A) and (R) are correct and (R) is not the correct explanation of (A)

3) (A) is correct but (R) is not correct

4) (A) is not correct but (R) is correct

Correct Option: 2

5. Match List I with List II

Choose the correct answer from the options given below:

1) A- II, B-I, C-IV, D-III

2) A-III, B-II, C-I, D-IV

3) A-I, B-II, C-III, D-IV

4) A-IV, B-II, C-III, D-I

Correct Option: 1

6. The following is/are the exceptions to the principle of strict liability

A. Act of God

B. Consent of the plaintiff

C. Intention of the defendant

D. Act of third party

E. Minority

Choose the correct answer from the options given below:

1) A and B only

2) A, B and D only

3) A, C and D only

4) B and E only

Correct Option: 2

7. In order to establish a cartel, what is NOT necessary?

1) There should be an agreement

2) It should be between an association of producers, sellers, distributors, traders or service providers

3) The objective should be to limit, control or attempt to control the product distribution, sale or price of or trade in goods or provisions of services

4) Cartels are very good for competition

Correct Option: 4

8. The Competition Act, 2002 provides for which of the following?

A. Establishment of a Commission to prevent practices having effect on competition

B. To promote and sustain competition in markets

C. To protect the interests of consumers

D. To ensure freedom of trade carried on by the other participants in the markets

E. To establish NCLT and NCLAT to decide various matters

Choose the correct answer from the options given below

1) A, B, C, D and E

2) B, C and D only

3) C, D and E only

4) A, B, C and D only

Correct Option: 4

UGC NET November 2021

1. “The courts have created new torts by the gradual and sometimes almost imperceptible extension of old tort”, who said the above statement?

1) Professor Good Hart

2) Sir Frederick Pollock

3) Clerk and Lindsell

4) Salmond

Correct Option:1

2. Mental condition of a wrongdoer at the time of wrongdoing is:

1) Relevant in all torts

2) Relevant in torts based on fault

3) Relevant in tort based on strict liability

4) Not relevant at all

Correct Option: 2

3. Section 53 of the Consumer Protection Act, 2019 provides for establishment of National Consumer Disputes Redressal Commission. It is to be known as:

1) National Commission

2) National Council

3) National Dispute Redressal Commission

4) National Dispute Redressal Council

Correct Option: 1

4. Consumer, mediation cell has to hold which of the following documents?

A. List of empanelled mediators

B. List of all cases handled by the cell

C. Records of all proceedings

D. Information specified by regulations

Choose the correct answer from the options given below:

1) (A) and (B) only

2) (B) and (D) only

3) (C) and (D) only

4) (A), (B), (C) and (D)

Correct Option: 4

5. Match List I with List II

Choose the correct answer from the options given below:

1) A- II, B-I, C-III, D-IV

2) A-I, B-III, C-IV, D-II

3) A-III, B-I, C-II, D-IV

4) A-III, B-II, C-I, D-IV

Correct Option: 3

6. Indicate the correct chronological order of years in the following cases were decided:

A. Case concerning the Temple of Preah Vihar

B. Frontier Dispute (Burkina Faso v. Mall)

C. The Caroline case

D. R.V. Keyn

E. Chorzow Factory (Indemnity) case

Choose the correct answer from the options given below:

1) (A), (B), (C), (D), (E)

2) (E), (D), (C), (B), (A)

3) (C), (D), (E), (A), (B)

4) (B), (C), (D), (E), (A)

Correct Option: 3

7. Arrange the correct sequence in which liability for tort will arise for the following:

A. Damages

B. Breach of duty

C. Duty to take care

D. Causation

Choose the correct answer from the options given below:

1) (A), (B), (C), (D)

2) (B), (C), (A), (D)

3) (C), (B), (D), (A)

4) (C), (A), (B), (D)

Correct Option: 3

8. Motor Vehicle Amendment Act of 2019 refer to the earlier Motor Vehicle Act of 1988 as:

1) Earlier Act

2) Old Act

3) Adapted Act

4) Principal Act

Correct Option: 4

9. In determining relevant geographic market, the competition commission shall keep in mind which of the following factors?

A. Regulatory trade barriers and natural procurement policies

B. Language and local specification requirement

C. Consumer preference and regular supply and after-sale service

D. Transport and distribution factors

Choose the correct answer from the options given below:

1) (A), (B), (C) only

2) (A), (B), (D) only

3) (D), (C), (B) only

4) (A), (B), (C) and (D)

Correct Option: 4

10. Given below are two statements:

Statement I: Dominant position means position of strength enjoyed by an enterprise in relevant market in India which enables it to operate independently of operative forces and affects competitors and consumers in its favour:

Statement II: no enterprise shall abuse its dominant position

In the light of the above statements, choose the correct answer from the options given below:

1) Both Statement I and Statement II are true

2) Both Statement I and Statement II are false

3) Statement I is true but Statement II is false

4) Statement I is false and Statement II is true

Correct Option: 1

UGC NET September 2020

1. According to whom it is law of Tort and not law of torts?

1) Winfield

2) Pollock

3) Fraser

4) Salmond

Correct Option: 1

2. “A tort is a civil wrong for which, the remedy is an action for damages and which is not exclusively breach of contract or breach of trust or breach of merely equitable obligation”. The above definition was given by:

1) Salmond

2) Winfield

3) Fraser

4) Clerk and Lindsell

Correct Option: 1

3. When two motorists coming from opposite directions in their cars collide with each other and in the process, they injure seriously a person who was standing on the roadside, the two motorists are:

1) Independent tortfeasors

2) Participate in contributory negligence

3) Two negligent persons

4) Joint tortfeasors

Correct Option: 1

4. Where does vicarious liability generally arise from?

A. A contract of service

B. A contract for service

C. A contract of service as well as a contract for service

D. A wrongful act of servant

Choose the correct answer from the options given below:

1) A and D only

2) D only

3) A, B and C all

4) B only

Correct Option: 1

5. A person may be liable in respect of wrongful acts or omission of others in which of the following ways:

A. As having ratified and authorised the particular act

B. As standing towards the other person in a relation entailing responsibility for wrongs done by that person

C. As having abetted the tortious acts committed by others

Choose the correct answer from the options given below:

1) A only

2) B only

3) C only

4) A, B, C

Correct Option: 4

6. Given the chronological order (year-wise) of these cases decided by the courts:

A. West Rand Central Gold Mining Company Ltd. v. R.

B. Portugal v. India

C. Burkina Faso v. Mall

D. Mavrommatis Palestine Concessions case

E. Chorzoo Factory (Indemnity) case

Choose the correct answer from the options given below:

1) A, C, D, B, E

2) A, B, C, D, E

3) A, E, B, C, D

4) A, E, B, D, C

Correct Option: Dropped

7. Any agreement in respect of production, supply, distribution, storage, acquisition, or control of goods or provision of service which caused or is likely to cause an appreciable adverse effect on competition in India is void. These agreements include

A. Tie-in arrangement

B. Exclusive supply agreement

C. Exclusive distribution agreement

D. Refusal to deal

E. Resale price maintenance

Choose the correct answer from the options given below:

1) A and B only

2) C, D and E

3) A, B and C

4) A, B, C, D and E – all

Correct Option: 4

8. Arrange the following in chronological order (Section wise) as stated in the Motor Vehicle Act, 1988

A. Procedure and power of Claims Tribunal

B. Award of Claim Tribunal

C. Claim Tribunals

D. Application for Compensation

Choose the correct answer from the options given below:

1) C, D, B, A

2) A, B, C, D

3) B, C, A, D

4) C, D, A, B

Correct Option: 1

UGC NET June 2019

1. Which of the following is not a constituent of tort?

1) Wrongful act

2) Damage

3) Remedy

4) Mens rea

Correct Option: 4

2. In which one of the following cases it has been held that Section 9 of Civil Procedure Code, 1973, which enables a civil court to try all suits of civil nature, impliedly confers jurisdiction to apply the law of torts as principles of justice, equity and good conscience?

1) Union Carbide Corporation v. Union of India

2) Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai

3) Rohtas Industries Ltd. v. Rohtas Industries Staff Union

4) Waghela Rajsanji v. Shekh Masludin

Correct Option:1

3. An accident is ‘one out of ordinary course of things, something so unusual as not to be looked for by a person of ordinary prudence’, is said to

1) Negligence

2) Inevitable accident

3) Act of God

4) Damnum sine injuria

Correct Option: 2

4. Which of the following is a leading case on trespass ab initio?

1) Goldsmith v. Sperring Ltd

2) Dumbell v. Roberts

3) Bird v. Jones

4) Six Carpenters’ case

Correct Option: 4

5. Holback Hotel Ltd. v. Scarborough Borough Council is a leading case on

1) Negligence

2) Nuisance

3) Trespass

4) Defamation

Correct Option: 2

6. ‘Test of control’ deals with

1) Master and servant relationship

2) Measures of damages

3) Course of employment

4) Implied authority

Correct Option:1

7. ‘Uninsured vehicles are also within the scope of Section 165 of the Motor Vehicles Act’ was held in

1) LIC of India v. Raj Kumari Mittal (1985)

2) Kamal Kusha v. Kripal Singh (1988)

3) Premanand Thakur v. Commissioner, Coal Mines (1988)

4) New India Assurance Co. Ltd. v. Nakul Gurung (2010)

Correct Option: 3

8. The remedies for the violation of Sections 3 and 4 of the Competition Act have been laid down under

1) Section 26

2) Section 27

3) Section 42A

4) Section 43A

Correct Option: 2