Law of Torts

Direction for Assertion and Reason Type Questions: Each question consist of two statements
one labelled the Assertion ‘A’ and the other labelled the Reason ‘R’ . You are to examine these
two statements carefully and decide if the Assertion ‘A’ and the Reason ‘R’ are individually true
it so whether the reason is a correct explanation of the Assertion. Select your answer to these
items using the codes given below and mark your answer sheet accordingly.

Codes :

a) Both A and R are true and R is the correct explanation of A

b) Both A and R are true and R is not a correct explanation of A
c) A is true but R is false
d) A is false but R is true

Q.1. Assertion (A) : ‘A’, a joint feasor (b) She cannot recover damages as the
cannot claim from ‘B’ the damages that A death of the motorcyclist extinguished all
had to pay for the loss caused by them his liabilities.
jointly to ‘Y’.
(c) She cannot recover damages as the
Reason (R) : The rule in Merry weather Vs. deceased owed no duty of care towards the
Nixon lays down that there cannot be any woman even though he was negligent
contribution between joint tort feasors. towards the motorist.

Q.2 A woman was alighting from a tram (d) She cannot recover damages as the baby
car when a speeding reckless motorcyclist alone had a right if it had survived.
collided with a motor car a litte away in the
centre of the road. In that collision the Q. 3 In order to discharge the burden of
negligent motorcyclist was killed on the proof placed upon him, it is usually
spot. The woman heared the bang and saw necessory for the plaintiff to prove specific
the blood on the road though not the body acts or omissions on the part of the
of the injured man. She was in an advanced defendant which will qualify as negligent
stage of pregnancy. Due to the nervous conduct. Sometimes, however, the
shock sustained by her , she gave birth to a circumstances are such that the court will
stillborn baby. She sued the representatives be prepared to draw an inference of
of the motorcyclist to recover damages . negligence against the defendant without
which one of the following propositions is having detailed evidence of what he did or
correct as decided in a leading case? did not do. This is known as:

(a) She can recover damages as the (a) contributory negligence

deceased owed duty to care towards her. (b) res ipsa loquitur

(c) volenti non-fit injuria

(d)last opportunity rule Fletcher pain and suffering

Q. 4. Between ‘A’ and ‘B’ and a third B . Donoghue Vs. 2 . Loss caused by
person ‘C’ the tort of conspiracy is Stevenson competition in
committed when : business
(a) ‘A’ wilfully causes damage to ‘B’ C . Gloucester 3 . Strict liability
Grammer School
(b) ‘A’ and ‘B’ try to cause damage to ‘C’ but case 4 . Liability of minor
no damage is done to ‘C’ for torts

(c) ‘A’ and ‘B’ wilfully cause damage to ‘C’ D . Rose Vs. Ford 5 . Liability for
and actual damage results therefrom. negligence.
(d) ‘A’ and ‘B’ plan to cause damage to ‘C’

Q.5 . A building was erected by the

defendant which caused diminution of light
to two ground floor windows of the Codes :
plaintiff’s house. Subsiquently electric lights A B C D
were always needed in the place. An action
for damages can be brought on the ground; (a) 1 2 3 4

(a) public nuisance (b) 2 3 4 5

(b) private nuisance (c) 3 5 2 1

(c) Negligence (d) 3 4 2 1

(d) strict liability

Q.6. Which one of the following is not a

valid defence in tort ?
Q.8. Two or more persons can be made
(a)volenti non fit injuria joint tort-feasors, if they have :

(b) Vis major (a) A common design

(c) Scienti non fit injuria (b) a common victim

(d) Consent. (c) Same intension

Q.7. Match list – I With list II and select the (d) Similar intension
correct answer from the codes given below
the lists; Q.9. The plaintiff, a Bullion merchant, was
arrested by the police on a charge of
List-I List - II purchasing stolen goods. Gold and Silver
(Decided cases) (Principal stated) ornaments were seized from the plaintiff
A . Rylands Vs. 1 . Compensation for and were kept in the police station custody.
The duty constable appropriated the gold 4. A person can claim damage even if he
ornaments and escaped to a foreign has suffered no loss.
country. The plaintiff after being acquitted,
brought an action against the state for Of the above propositions :
compensation. (a) 1 and 2 are correct.
In this case compensation is : (b) 3 and 4 are correct.
(a) Payable as there is (c) 1 and 3 are correct.
missappropriation by servants of the
state. (d) 2 and 4 are correct.
(b) Payable due to the fact that the
police constable escaped to foreign Q.12. Which one of the following
currency. definitions correct reflects the nature of
(c) Payable by the police constable Tort ?
himself and not by the state.
(a) Tortious liability arises from the breach
(d) Not payable as the act was
of duty primarily fixed by law. Such duty is
committed in discharge of sovereign
toward persons generally and its breach is
function.
redressible by an action for unliquidated
Q.10. A master is liable for the wrongs of damages.
his servant. If the servant :
(b) the breach of a right which is given to a
(a) has acted outside the scope of his duty person generally and the law provides
in violation of express orders payment of liquidated damages.

(b) Is temporarily lent to another (c)Violation of a right in persona.

(c) Is drunk while on duty (d)violation of a legal duty owed to people

generally for maintainance of law and
(d) Has acted in self-defence against the order.
criminal conduct of the person who sues
the master. Q.13. In nuisance, a defendant is liable to
unusually sensitive plaintiff :
Q.11. Consider the following set of legal
propositions : (a) Only in personal injury cases.

1. A person can claim damages for all (b) Only in property injury cases
wrongs he has suffered.
(c) Both for personal injury and property
2. A person can claim damages for wrongs injury cases.
only if they are caused intentionally.
(d) In none of the above.
3. A person can claim damages for a wrong
Q.14. One of the remedies for false
if it is caused by infringement of his legal
imprisonment is :
right.
(a) Mandamus (b) Habeas Corpus
(c) Quo Warranto (d) Ceriorari (c)3, 2, 1 (d) 3, 1, 2

Q.15. For a person to succeed in a suit for Q.18. Assertion (A) : If a person speaks ill of
malicious prosecution, which of the the business which X is doing, it amounts to
following factors must be proved ? defamation.

1. Prosecution has ended in favour of Reason (R) : Slander is actionable perse.

defendant
Q.19. The essential characteristics of tort
2. Prosecution has ended in favour of is, violation of :
plaintiff
(a) right in personam
3. Presence of malice
(b) a contractual right
4. absence of malice
(c) Right in rem
5. Prosecution was without reasonable
cause (d) none of the above rights

Select the correct answer using codes given Q.20. Liability in tort depends upon :
below : (a) Quantum of damages suffered
(a) 1, 3 and 5 (b) 1, 4 and 5 (b) involvement of intention
(c) 2 and 4 (d) 2, 3 and 5 (c) infrigement of legal right
Q.16. Which one of the following is not a (d) effect on public interest
good defence in suits for damages on
negligence ? Q.21. Ubi jus ibi remedium means:
(a) Contributory negligence (a) every law provides for remedies
(b) Express contract with plaintiff (b) there is no wrong without a remedy
(c) Express contract where statute prohibits (c) if a law is made corresponding remedy
also must be made
(d) Voluntary assumption of risk
(d) every remedy presupposes some injury
Q.17. Consider the following : to some body
1. Damages Q. 22.Which one of the following has been
2. Breach of duty laid down as the basis of responsibility by
the rule in Rylands vs. Fletcher ?
3. Duty to take care (a) Fault liability (b) Conditional liability

The correct sequence in which the liability (c)Strict liability (d)Insurance liability
for tort of negligence will arise is :
Q.23. Which of the following statements is
(a) 1, 2, 3 (b) 2, 3, 1 correct ?
(a) An innocent principal is not liable for 4. Presence of resonable and probable
the fraud of his agent cause

(b) An innocent principal is liable for the 5. Absence of resonable and probable
fraud of his agent cause

(c) An innocent agent is liable for all frauds 6. Malice on the part of the defendant
of his principal
7. Damages suffered by the plaintiff
(d) None of the above is correct.
Select the correct answer using the codes
Q. 24. Assertion (A) : A person can claim given below :
damages, if he has sustained any loss
monetary or otherwise . Codes :

Reason (R) : Where there is infringement of (a) 1,3,5,6 and 7 (b) 1,2,4,6 and 7
a legal right , law will allow compensation. (c)1,3,4,6 and 7 (d) 1,2,5,6 and 7
Q. 25. ‘A’ has grown a tree on his land. The Q. 27. The defendants, employees of the
branches of the tree are overhanging on the Municipal Corporation opened a main hole
land of ‘B’ . Under the law, ‘B’ is entitled to : in the street and in the evening left the
(a) enter into the land of ‘A’ without his mainhole open and covered it by a canvas
permission and cut the tree shelter, unattended and surrounded by
warning lamps. The plaintiff, an eight year
(b) Forcibly enter into ‘A’ s land and chop old boy, took one of the lamps into the
off the branches shelter and was playing with it there, when
he stumbled over it and it fell into the
(c) chop off the branches from his own land mainhole. A violent explosion followed and
and take away those branches the plaintiff sustained burn injuries. The
(d) Chop off the overhanging branches defendents are :
while remaining of his land land and inform (a) not liable because injury to the plaintiff
‘A’ about the same. Is not foreseeable
Q.26. Which of the following requirements (b) Liable because they should have
form an essential element of the tort of completed the work before they left
malicious prosecution ?
(c) Not liable because they acted reasonably
1. Prosecution of the plaintiff by the
defendant (d) Liable because injury resulted from a
known source of danger even though
2. Termination of the case in favour of the through an unforseeable sequence of
defendant events.
3. Termination of the case in favour of the Q. 28 ‘A’ has invited ‘B’ for dinner. When
plaintiff ‘B’ is stepping up the stairs leading to ‘A’s
residence he slips and gets injured because
the stairs are slippery and there is not light however, heared the collision and after ‘Y’s
illuminating the stairs : body has been removed , she approached
the spot and saw the blood left on the road.
(a) ‘A’ is liable because ‘B’ has suffered In consequence, she had a nervous shock
injury while going to ‘A’s residence and gave birth to still-born child as she was
(b) ‘A’ is liable because his premises were then eight months’ pregnant. If she sues the
unsafe and he did not do anything to make representatives of ‘Y’ for ‘Y’s negligence,
it safe then :

(c) ‘A’ is not liable because because it was (a) they would be liable because ‘Y’ owed a
not his duty to provide illumination on the duty to take care towards her
stairs (b) they would be liable because ‘Y’ had a
(d) ‘A’ is not liable because ‘B’ himself was duty to take care though he was not
to blame for the injury. negligent

Q.29 Defence of absoluteprivilage is (c) they would not be liable because ‘Y’ did
available in which of the following cases ? not own any duty of care towards her and
he was also not negligent to her
1. Publication of proceedings in parliament.
(d) None of the above would be a valid
2. Publication of proceedings in a court. proposition

3. Publication of a report of the Q.31. The plaintiff, a lady visitor to a

proceedings in parliament. restaurant, was injured by the ceiling fan
which fell on her. The reason for the falling
4. Publication of fair common on judicial of the fan was a latent defect in the metal
proceedings . of the suspension rod of the fan. In an
action against the defendant, he is :
5. Publication of matters of public interest
(a) Not liable because the injury was not
Select the correct answer using the codes
foreseeable
given below :
(b) liable because the injury was
(a) 1, 2 and 3 (b) 2, 3 and 4
foreseeable
(c) 1, 3 and 5 (d) 3, 4 and 5
(c) liable because of the doctrine of ‘res
Q. 30. ‘X’ , a fisher women alighted from a ipsa’ loquitur
tramcar. While the conductor was helping
(d) liable because of the last opportunity
her to put the fish basket on her head, a
rule
motor cyclist ‘Y’ passed the tram and
immediately afterwards negligently Q. 32. Consider the following two lists :
collided with ‘Z’s motorcar. ‘Y’ was killed.
‘X’ did not see ‘Y’ or the accident which List – I List –II
occurred fifteen yards away because her A. Act of State 1. Joint and
view was blocked by the tram. She, several
 B. Judicial Act liability A B C D
2. Personal
disability to (a) 1 2 4 3

C. Alien enemy sue (b) 3 4 2 1

3. Lawful
D. Joint tort excuse (c) 3 4 1 2
4. Statutory
liability (d) 4 3 2 1
Among these, the correct pair is : Q. 35. The plantiff instructed his Banker to
(a)C and 3 (b) D and 1 deposit excise duty on his behalf in the
Govt. treasury and debit the current
(c) B and 4 (d) A and 1 account of plaintiff. The Bank deposited the
said sum in the treasury. Later the plaintiff
Q. 33. Which one of the following came to know, that the said amount was
statement is correct ? embezzled by the Treasurer and the
(a) Inevitable accident is not a defence at Accountant of the treasury and the amount
all but only a denial of liability was not credited in the name of the
plaintiff. The plaintiff brings an action aginst
(b) Inevitable accident is not a denial of the state for damages then the state is:
liability bot only a defence
(a) not liable to compensate as it involved a
(c) Inevitable accident is both defence and sovereign function
denial of liability
(b) liable to compensable as the function is
(d) Inevitable accident is a chance event and a banking function which is not a sovereign
can neither be a defence not a denial of function of the state
liability
(c) liable to compensate as an ordinary
employer

Q. 34. Match the List-I and List –II and (d) not liable to but the individuals are
select the correct answer using given below liable to compensate
the lists :
Q. 36. ‘A’ gave some cash and cheques to
List - I List –II his friend ‘B’ who was an employee of the
A. Act of god 1. Buron Vs. State Bank of India, to deposit the same in
Denman the Bank in the account of ‘A’ . ’B’
B. Statutory 2. Hall Vs. Brookland misappropriated the amount . If ‘A’ , sues
Authority and auto racing club the bank for damages, than the bank is :
C. Consent 3. Nicholas Vs.
(a) liable to pay because it was the
Marsland
employer of ‘B’
D. Act of State 4. Metropoliton
Asylum Dt. Board Vs. (b) liable to pay because the employee did
Hills it during business hours and while working
Codes: as an employee
(c)not liable because while committing the (a) ‘B’ has commited the tort of tresspass of
fraud, he was not acting as the agent of goods because he interfered with the
employee of the Bank property of another

(d) not liable beacause he truned out to be (b) ‘B’ has committed no tort because he
the friend of plantiff’s husband acted in protection of his property

Q.37. Match the List-I and List –II and select (c)’B’ has committed no tort because he is
the correct answer using the codes below not at fault
the lists :
(d) ‘B’ is liable as joint tort feasor

Q. 39. Match the List-I and List –II and select

List – I List –II the correct answer using the codes below
(Legal Maxims) (Meaning of Maxims) the lists :
A. Ubi Jus Ibi 1. Things speaks for
remedium itself List – I List –II
A. Motive 1. Ashby v White
B. Scient in on fit 2. So use your own B. injuria sine
injurio property as not injure damno 2. State of Rajasthan
your neighbours. C. Scienti non fit v Vidhyawati
C. Res ipsa loquitur 3. Where there is a injurio 3. Mayor of Bradford
right there is a D. Vicarious v Pickles
remedy liability 4. Smith v Baker
D. Sie utere tuo ut 4. Harm suffered
alienum non laedas with knowledge Codes :

A B C D

(a) 3 1 4 2
Codes :
(b) 1 2 3 4
A B C D
(c) 1 3 4 2
(a) 2 4 3 1
(d) 4 3 2 1
(b) 4 2 1 3
Q.40. ‘A’ was employed by ‘B’ in his factory
(c) 3 1 4 2 and in course of his employement, he was
(d) 3 4 1 2 required to use a hammer manufactured by
‘C’ . ‘A’s Works Manager ‘D’ discovered
that the hammer was defective but asked
him to continue to use it. ‘A’ got injured
Q. 38. On a foggy night ‘A’ puts his scooter because of the defect of the hammer. In an
in the garage of ‘B’. On findings it, if’ B’ action for damages by ‘A’ .
removes the scooter from the garage and
puts it alongside the road, then :
(a) ‘C’ the manufacturer is liable as he (b) two or more persons combine to injure
supplied the defective product a third party by lawful means

(b) ‘A’ the employee cannot recover as he (c) two or more persons combine to help a
had the knowledege of the defect third party by lawful means

(c) ‘B,’ the employer is not liable because he (d) two or more persons combine not to
relied on the manufacturer who supplied injure a third party by unlawful means
the hammer
Q. 44. ‘A’ was carelessly driving his car at
(d) ‘C’ , the manufacturer is not liable as the 50 km./hr. at a busy street in the city and
knowledge on the part of ‘D’, was a break in hit ‘B’ injuring his leg. On the fact the
the chain of causation between Supreme Court of India held that ‘A’ is liable
manufacturer’s negligence and plaintiff’s to pay compensation to ‘B’ . It means that
injury the Supreme court laid down the law that
the injured party entitled for compensation
Q. 41. ‘A’ shot at ‘B’ with a view to kill him. in all cases of :
When ‘B’was being taken to the hospital, a
tree fell upon ‘B’ on the way and ‘B’ died in (a) car accidents at a busy place, if the
the hospital a few days later,It was proved driver was negligent
that the falling of the tree caused ‘B’death,
than : (a)A shall be responsible for the (b) causing injury in accidents by negligent
death of B driving of any vehicle

(b) falling of tree has broken the chain of (c) inflicting physical injury by negligence
causation (d) negligent causing of damage of another
(c) ‘A’ is not liable to pay any compensation Q. 45. The defendant wrongfully enclosed a
to the dependants of ‘B’ part of the public footway on Hammersmith
(d) none of the above statements is correct Bridge, put seats in it for the use of
spectators of a regatta on the river and
Q. 42. Which one of the following pairs is charged for admission to the enclosure. The
not correct matched ? plaintiff insisted on passing along this part
of the foot path and climbed over the fence
(a) No-fault Liability---Shri Ram Fertilizers an of the encloser without paying the charge .
(b) Fault Liability----Negligence The defendant refused to let him go
foreward, but he was told that he might go
(c) Malicious Tort---- Mohiri Bibi v back into the carriage way and cross the
Dharmodas Ghosh other side of the bridge if he wished. If the
plaintiff declined to do so and remained in
(d) Basic features----Keshavanand Bharti the encloser for half and hour, then the :
Q. 43. Tort of conspiracy occurs where : (a) plaintiff was entitled to damages
(a) two or more persons combine to injure a (b) plaintiff committed civil trespass
third party by unlawful means
(c) Defendant committed false Q. 48 Due to the collapse of the clock
imprisonment tower in the main Bazar of the city, a
number of persons died. The clock tower
(d) defendant did not commit false belonged to the Municipal Corporation and
imprisonment . the exclusively under its control. It was 80
Q.46. Match list – I With list II and select years old but the normal life of the
the correct answer from the codes given structure of the building which had fallen
below the lists; could be forty to foty five years having
regard to the kind of mortar used. If one
lady whose husband died due to the
collapse of the clock tower filed the suit for
List-I List - II damages against the Municipal Corporation,
A . Bird Vs. Jones 1.False then which one of the following maxims is
Imprisonment applicable ?
B . Merry Weather
Vs Nixon 2. Malicious (a) Damnum sine injuria
Prosecution
(b) Injuria sine damo
C . Six carpenter’s 3 . Trespass
case (c) Res Ipsa Loquitur
4 . Liability of minor
D . Abrath Vs. South for torts (d) Volentinon fit injuria
Eastern Railway
Company 5 . Joint tort-feasors Q. 49 The “absolute liability” theory as the
basis for liability in tort for industrial
injuries was propounded by :

(a) Blackburn J. (b) V.R. Krishna Iyer. J.

Codes :
(c) P.N. Bhagwati, C.J. (d) Lord Atkin
A B C D
Q. 50 A patient is brought to hospital
(a) 1 2 4 3
maintained by B. The patient is to be
(b) 1 4 2 3 operated upon, if as a result of faulty
oxygen supply machine, the patient dies on
(c) 3 4 1 2 the operation table, then :
(d) 4 2 3 1 (a) B would not be liable because the
surgeon was negligent
Q.47. The main supporter of the theory
that “it is a law of Tort” and “ not law of (b) B would not be liable because there is
Tort is : no master and servent relationship
between B and the surgeon
(a) Winfield (b) Salmond
(c) B would be liable because hospital staff
(c) Flemming (d) Heuston
were negligent in keeping the hospital
equipment in proper order
(d) B would not be vicariously liable 3. Res ipsa loquitur dispenses with taking of
because surgery is a highly skilled work on evidence.
which B would have no control
4. Res ipsa loquitur mostly favours the
Q. 51. Which one of the following is an defendant.
appropriate statements ?
Select the correct answer using the codes
(a) An innocent principal is liable for the given below :
fraud of his agent
Codes :
(b)An innocent principal is not liable for the
fraud of his agent (a)1, 2 and 3 (b)1, 3 and 4

(c) An innocent agent is liable for all his (c) 2, 3 and 4 (d) 1, 2 and 4
principals’ torts including fraud Q .54. Neglince is the ommission to do
(d) None of the above something, which a reasonable man guided
upon those considerations which ordinarily
Q. 52. Two dogs belonging to two different regulate the conduct of human affairs
owners acting in concert attacked a flock of would do or doing something which a
sheep and injured several sheep. In an prudent and reasonable man would not
action for damages brought against the do”.
owners of the dogs, if one of them put in
defence claiming that he was liable for one - The author(s) who pioneered the above
half only of the damage, then which of the definition is :
following statements is legally sustainable (a)Salmond (b)Winfield
in the above case ?
(c) Clerk and Lindell (d) Alderson
(a) Each owner of the dog was liable for the
whole of the damage Q . 55. A, a magistrate in making a report to
his superior officer casts an imputation on
(b) Each owner was responsible for one half the character of Z in good faith and for
of the damage public good. The most appropriate defence
(c) Neither of the owners is liable for applicable in a suit brought by Z, is :
damage done by his dogs (a)Justification (b)Fair
(d) The owners themselves are not joint tort comment
feasor (c) Absolute privilege (d) Qualified privilege
Q. 53. Which of the following statements Q .56. In the tort of conspiracy, the
are not correct ? purpose of combination must be to :
1. Res ipsa loquitur is used for the purpose (a)Obtain benefit for the combiners
of fixing liability based on strict liability
(b) Violate legal right of the victim
2. Inference of negligence could properly
be drawn in res ipsa loquitur. (c) protect the interest of the combiners
(d) cause damage to the victim Reason (R) : A journalist is privileged in
writing on matters of public insterest.
Q . 57. In public nuisance, a private right of
action lies : Q. 61. Assertion (A) : The mental elemeint
in defamation is not required.
(a) When the injury is merely consequential
Reason (R) : The mental element is not
(b) When there is proof of damage mentioned in the Indian Penal Code.
(c) When the injury is particular, direct and Q .62. A tractor with trolley carrying several
substential persons collids with a train on an
(d) None of the above unmanned railway crossing in which many
people are killed injured in a suit for
Q .58 The branch of a tree growing on the compensation :
defendant’s land hung on the highway at a
height of about 10 meters above the (a) the railway would be liable because it
ground. A branch of the tree suddenly has not immunity.
broke and fell upon the plaintiff ‘s vehicle (b) the tractor driver would be liable as
which was passing along the highway . there was a breach of duty to take care on
If the plaintiff sues the defendant for the his part
damage of the vehicle on the ground of (c) the passengers in the trolley are guilty of
nuisance, then which one of the following contributory negligence
conclusions is correct in the above suit ?
(d) Nobody would be liable in such a
(a) The defendant was liable for nuisance situation as it would be taken to be a mere
(b) The defendant was not liable for case of accident
nuisance Q . 63. There is a children’s school by the
(c) The defendant was liable under the side of a highway while classes are going
principal of strict liability on, two children of the school stray on the
highway. A truck is moving on the highway
(d) None of the above at normal speed. While trying to avoid
hitting the chlidren, the truck collides with a
Q . 59. Assertion (A) : A wooden chair while bullocks cart. One person is injured, the
being used by a guest caused injury to him bullocks die and the truck is also damaged.
due to defective manufacture. The guest is Which one of the following propositions
entitled to claim damages from the marker. correctly describe the liability ?
Reason (R) : Manufacture owes a duty of (a) The truck driver shall be liable because
care to the ultimate user. he did not take care
Q .60 . Assertion (A) : X, a journalist, writes (b) The school administration would be
an article containing defamatory matter liable because they were negligent
about the public life of Y, a minister X, when
sued, will not be liable.
(c) The bullock cart puller would be liable (c) If the motive of the combination is to
because he has not taken due care further their own causes there would be no
conspiracy
(d) The children would be liable as they
have contributed to the accident (d) If there was lack of combination there
would be no conspiracy even if their acts
Q .64. Match list – I(Name of the cases) are similar and causing harm to the plaintiff
With list- II(Name of the Torts) and select
the correct answer from the codes given Q .66. Which one of the following is good
below the lists; defence for the tort of private nuisance ?

List-I List - II (a) The plaintiff has come to the place of

A . Donoghue V. 1 . Defamation nuisance
Stevenson
(b) The activity is for the benefit of all
B . Cassidy V. Daily 2. Joint Tort Feasors (c) The activity has been carried on for the
Mirror Newspaper last 20 years
Ltd.
(d) The plaintiff is very sensitive person
C . Merry Weather 3 . Manufacture’s
Vs Nixon Liability Q 67. During rainy season there is
waterlogging in many areas of a city. The
D. bird Vs. Jones 4 . False dirty water remains for months because of
imprisonment faulty drainage. The water causes hard-
ships and diseases. Which one of the
following correctly describe the reason for
Codes : the disposal of the case ?

A B C D (a) The fact shows no ‘nuisance’

(a) 2 3 4 1 (b)Lack of financial capacity on the part of

the municipal corporation is not a defence
(b) 2 3 1 4
(c) Waterlogging was caused by heavy rains
(c) 3 1 4 1 which is an act of Nature exempting the
municipal corporation
(d) 3 1 2 4
Q .65. Which one of the following statement is (d) A duty is imposed on the municipal
not true of conspiracy as a tort ? corporation by the statue

(a) There must be combination of five or Q .68 Which one of the following is a
more persons correct statement ?

(b) The combination must be for the Nuisance recognises :

motive of causing harm to the plaintiff
(a) The concept of no-fault liability
(b) Liability based only on fault (a) The occupier has no duty to protect the
goods of the visitor which is kept in his
(c) Liability based only on imputability premises from theft by a third party
(d) None of the above (b) The occupior has a common duty to
Q .69. ‘X’ a servant of ‘Y’ lodged a criminal care to protect the goods of his visitor
report against ‘Z’ that he was present at tbe which is kept in his premises with the
site where ‘A’ was brutally assaulted and occupier’s premission from theft by a third
that ‘Z’ also instigated the assault. ‘X’ did so party
at the instance of ‘Y’ , ‘Z’ is prosecuted and (c) The occupier will liable for injury caused
ultimately acquitted. In a suit for malicious by defective premises only if he is in
prosecution by ‘Z’ against ‘Y’. exclusive occupation of the premises
(a) ‘Y’ would not be liable because he did (d) A, the occupier of the premises will be
not prosecute ‘Z’ invariably liable to his invitee for the
(b)’Y’ would not be liable because the negligence of an independent contractor
report was lodged by ‘X’ and not by ‘Y’ Q . 72 Which one of the following is not an
(c) ‘Y’ would be liable because in law , it exception to the rule of violenti non fit
would be said that ‘Y’ initiated the injuria ?
proceedings (a) Surgeon amputates a limb of a patient
(d) ‘Y’ would be liable because it was his to save his life
motive to harass ‘Z’. (b) Injury is caused while play-fighting with
Q . 70. In a suit for malicious prosecution naked swords at a religious function
which one of the following is not an (c) Injury is caused to a player in football
essential element ? match
(a) The plaintiff was prosecuted by the (d) Injury is caused while doing lawful acts
defendant under contract
(b) The prosecution ended infavour of the Q .73. A lady died at the time of the birth of her
plaintiff after exhausting all the steps of child. She was attended to by an unqualified
judicial process midwife onher own request at the time of the
delivery. An action for damages was brought by
(c) The prosecution was malicious her husband. In this case :
(d) The prosecution resulted in damages to (a) No damages are payable as the
the plaintiff. deceased lady voluntarily engaged the
Q .71 Which one of the following statements is
midwife
correct ? (b) damages are payable to the husband as
his consent was not taken
(c) No damages are payable as the (c) 1, 3 and 4 are present
unqualified midwife can be criminally tried
(d) 3 and 4 are present
(d) damages are payable as the consent of
Q. 77. Mental condition of the wrong-doer at
the deceased was irrelevant the time of wrong- doing is :
Q .74. Which one of the following does not (a) Relevant in all torts
amount to a profit a prendre ?
(b) Relevant in torts based on fault
(a) The right of taking some part of the soil
of the land (c) Relevant in torts based on strict liability

(b) The right of depasturing cattle on (d) Not relevant in tortious liability
another’s land Q .78. ‘X’ and ‘Y’ are on a morning walk with
their dogs. ‘Y’ s dog is ferocious. ‘Z’ is also on a
(c) The right to fish in the water of an
morning walk . The dogs , of ‘X’ and ‘Y’ suddenly
estate start fighting and approach ‘Z’. Frightened by
the dogs, ‘Z’ tries to step a side and is injured in
(d) The right to erect a pole on servient
the process. Consequently :
heritage
(a) ‘Z’ can file a suit only against ‘X’ along as his
Q. 75. Which one of the following is dog started light
correct ?
(b) ‘Z’ can file a suit only against ‘Y’ as his dog
(a) Damages can be dispensed with in tort was more forocious
(b)A remedy by way of damages is an (c) ‘Z’ can file a suit either against ‘Y’ or against
essential ingredient of tort ‘X’

(c) When other remedies are provided by (d) ‘Z’ cannot file a suit against either ‘X’ or ‘Y’
statute, damages cannot be awarded in tort
Q .79. Match list – I With list II and select
(d) Damages can be awarded only corporeal the correct answer from the codes given
object below the lists;
Q. 76. Consider the following elements:

1. Infringement of a legal right

List-I List - II
2. Legal damage A . common 1 . Conspiracy
employment
3. Any damages

4. Existence of a legal right B . Respondent 2 . Master and

Superior servant
Right to claim damages in tort would arise only
if : C . Agreement to 3 . Servent and
injure the other in Servant
(a) 1 and 2 are present
trade
(b) 1, 2 and 4 are present 4 . Tort-feasor takes
D . Egg-shell skull his victim as he finds (b) right of the police to procecute the
rule him criminal

(c) the accused against police excess

(d) the police against civil proceedings

against it
Codes :
Q . 82. Which one of the following correctly
A B C D identifies the remedies available to the
victim in case of false imprisonment ?
(a) 3 2 1 4
(a) Self – help, abatement, action for
(b) 3 2 4 1 damages
(c) 2 3 4 1 (b) Habeas corpus, action for damages,
(d) 2 3 1 4 injunction

Q .80. The defendant began to (c) Self-help, habes corpus, action for
manufacture paper in a house, the upper damages
part of which was in the occupation of the (d) Injunction, abatement, action for
plaintiff. The defendant’s business required damages
hot and dry air and he heated the cellar
accordingly. This raised the tempereture on Q . 83. Match list – I (Decided Cases)With
the plaintiff’s floor and dried and list- II (Principal relating) and select the
diminished the value of brown paper which correct answer from the codes given below
the plaintiff werehoused there. the lists :

The defindent is : List-I List - II

A . Rylands v. 1 . Negligence
(a) Liable bacause he owed a duty to take Fletcher
care towards his neighbour

(b) not liable because he did not know that B . bird Vs. Jones 2. Defamation
the plaintiff was engaged in such business
C . Tolly v. Fry and 3 . Strict liability
(c) not liable because the plaintiff was Sons Ltd.
carying on exceptionally delicate trade
D . Grant V. 4 . False
(d) liable because the defendant was doing Australian knitting imprisonment
something extraordinary on his property Mills
Q .81 Malicious prosecution is a tort
intending to protect : Codes :
(a) against abuse of legal proceedings
 (d) Construction a compund wall
prevent trespassers.
A B C D
Q .86. The defendants published in
(a) 1 2 3 4 their newspaper a photograph of one
(b) 3 4 2 1 Mr. ‘C’ and Miss ‘X’, together with the
words . Mr. ‘C’, the race-horse owner,
(c) 4 2 3 1 and Miss ‘X’ ,whose engagement has
been announced”. The information on
(d) 3 1 2 4 which the defendants based their
statement, was derived from Mr. ‘C’ , in
Q . 84. The plaintiff, a one-eyed man,
fact, Mr ‘C’ and Mrs. ‘C’ were not living
employed by the defendants, was working
togather Mrs. ‘C’ sued the defendants
in conditions involving some risk of eye
for defamation, the innuendo being that
injury but the likelihood of injury was not
Mr. ‘C’ was not her husband but lived
sufficient to call upon the defendants to
with her in immoral cohabitation. The
provide goggles as to a normal two-eyed
defendants would be :
workman. The plaintiff was injured in the
eye while working. The defendants are : (a) Liable because a publisher is
responsible for the consequences of
(a) Liable because the plaintiff being a
any publication and the plaintiff’s
one-eyed workman magnitude of
innuendo is established
risk of injury to his remianing eye
(b) Not liable because they genuinely
was very high and consequently the
belived the news to be true and so
defendants should have provided
published the same
him withgoggles
(c) Liable because they had been
(b) Not liable because the defendants
negligent in publishing the news
were not duty bound to provide
(d) Not liable because they had verified
goggles to the plaintiff
the veracity of the news from Mr. ‘C’
(c) Liable because the plaintiff’s nature
before publishing the same
of duties was such that eye injury
eas probable Q . 87. Which of the following
(d) Not liable because the plaintiff had requirements form an essential element of
voluntarily undertaken the job fully the defence of fair comment in the tort of
appreciating the risks involved defamation ?
Q .85. In which one the following cases 1. The matter commanded on must be
is the occupier liable for negligence ? of public interest
2. It must be an assertion of fact
(a) Keeping a watchdog which has the
3. It must be an expression of opinion
habit of biting men
4. The comment must be fair
(b) Fixing broken glass pieces on the top
5. The comment must be nutritional
of a wall
6. The comment must be malicious
(c) Setting spring guns in the premises
to prevent tresspassers
Select the correct answer using the codes (c) During his duty hours
given below : (d) To the detriment of the plaintiff

Codes : Q . 92 Which of the following requirements

form an essential element of ‘course of
(a) 1, 2, 4 and 5 (b) 1, 3, 4 and 6 employment ‘ in cases of vicarious liability ?
(c ) 2, 3, 4 and 5 (d) 2, 3, 5 and 6 The servant’s act must be :
Q . 88. Which of the following correctly 1. Expressly or impliedly authorised by
identifies the remedies available to the the master
victim in case of private nuisance ? 2. Unauthorised manner of doing
(a) Action for damages, injunction something which is authorised by
abatement the master.
(b) Action for damages, specific 3. Done to protect the interest of the
restitution of property, abatement master
(c) Action for damages, injunction, 4. Necessarily incidental to something
specific restitution of property which the servant is employed to
(d) Injunction, specific restitution do.
property, abatement 5. Done for the benefit of the master.

Q .89. Which one of the following Select the correct answer using the codes
limitations to the rule of Volenti non fit given below :
injuria is not correct ? (a) 1, 2 and 3
(a) The consent should be free (b) 2, 3 and 5
(b) Consent to illegal act is no consent (c) 1, 2 and 4
(c) Mere knowledge of the risk is not (d) 2, 4 and 5
assumption to the risk Q. 93. The driver of a bus belonging to the
(d) Consent in rescue cases is not defendant permitted the conductor to drive
consent the bus. The conductor drove negligently
Q . 90 Persons are said to be joint tort- causing accident resulting in injuries to the
feasors when their separate shares in the plaintiff. The defendant would be :
commission of the tort are done in (a) liable because as master of the
furtherance of a common : conductor the defendant would be
(a) motive (b) intention vicariously liable for the conductor’s
negligence.
(c) design (d) Participation
(b) not liable beacause the driver by
Q .91. A master is liable for the tort permitting the conductor to drive had done
committed by his servant when the servant an unauthorised act for which his master
act : the defendant , could not be held liable.

(a) For the benefit of his master (c) liable beacause Permission given by
(b) In course of his employment driver to the conductor to drive was a
negligent act of the driver for which his (b) ‘B’ under whose orders the driver
master, the defendant , could not be held working at the time of accident,
liable. would be liable because the driver
was following the orders of ‘B’ and
(d) not liable because the driver by not not of ‘A’ at the time.
driving and the conductor by driving were (c) Both ‘A’ and ‘B’ would be liable
both acting unauthorisedly for which their because ‘A’ as the permanent
master, the defendant, could not be held employer , and the ‘B’ as the person
liable. under whose authority the driver
Q .94 . A car mechanic was employed by his was working at the time, were
master the defendant, to repair cars. He responsible for the driver’s
repaired a car and whether he had repaired negligence.
the car properly or not. In the process, he (d) Neither ‘A’ nor ‘B’ would be liable
caused an accident injuring the plaintiff the and only the driver would be liable
master is : as he alone had committed the
negligent act.
(a) Liable because it was his servant
who had negligently caused the Q .96. ‘B’ was under the regular
accident for which he was employment of ‘A’ as a driver of his mobile
vicariously liable crane. He let the crane together with ‘B’ as
(b) Not liable because the machine was driver to ‘C’. in the course of loading a ship ,
supposed to repair only and as such ‘X’ was injured by negligent working of the
driving by him was outside his crane by ‘B’, at the time of the accident ‘C’
course of employment had the immediate control and direction of
(c) Liable driving was necessarily the operations to be exuted. The working of
incidental to the duties of the the crane and the manipulation of its
machine since he was duty bound to control, however, remained with ‘B’ , in a
check by driving whether the repair suit by ‘X’ against ‘C’ , is :
he had done were correctly done or (a) Not liable because ‘B’ was the
not regular servant of ‘A’ and not of ‘C’
Q 95. ‘A’ lent his lorry and the driver to ‘B’ (b) Liable because ‘C’ was controlling
for a few days ‘B’s request for his and directing the operation to
daughter’s marriage and for which ‘B’ executed at the time of the accident
recurred the lorry along with driver drove (c) Not liable because the services of ‘B’
negligently and caused an accident resulting were of a highly skilled character
in injuries to the plaintiff. In the case : and ‘C’ could not direct how ‘B’
should work the crane
(a) ‘A’ the permanent employer of the (d) Liable because there was a
driver will be liable because he had relationship of master and servant
lent the services of his servant the between ’B’ and ‘C’ at the time of
driver along with a complicated the accident
piece of machinary, thelorry
Q .97 The term ‘Scienter’ isrelated towhich
one of the following sign-boards ?
 (d) Presence of a right does not
necessarily mean that there is
(a) “Tresspassers will be prosecuted” damage.
(b) “Beware of dogs”
(c) “No parking” Q .100. The rule laid down in Re Polemis
(d) “No admission without permission” case is that the defendant shall be liable for
all :
Q .98. The defendant company has given
instructions to the driver of its vehicle not (a) Direct consequence of his act
to allow any unauthorised person to board (b) Direct consequence of his act if he
the vehicle. A similar information was could foresee some damage to the
pasted on the vehicle itself stating that no plaintiff from his act
unauthorised person person was permitted (c) Direct consequence of his act, only if
to travel in the vehicle. The driver allowad he could foresee the kind of damage
an unauthorised passenger to board and which has actually occurred
drove negligently causing an accident in (d) Foreseeable damage
which the unauthorised passenger was
killed. The company is : Q . 101. Consider the following statements :

(a) Liable because the driver was (a) In tort, the duty is towards specific
negligent in permitting the deceased person
to travel for which the company was (b) The nature of the wrong is similar
vicariously liable intort and crime
(b) Not liable because by violating the (c) In tort , the duty is primarily fixed by
instructions of the company, the the parties
driver was actingoutside his course (d) The general remedy intort is an
of employment action for injunction
(c) Liable because mere pasting of Which of the above statements is /are
information the unauthorised travel correct ?
was not permitted does not negate
liability of the company (a) 3 and 4 (b) 1 and 4
(d) Not liable because the passenger
himself had voluntarily chosen to (c) 2 alone (d) 3 alone
travel in the vehicle unauthorisedly
Q .102. Whoever by words attmpts to excite
Q . 99The maximum Ubi Jus ibi remedium disaffection towards government
means : established by law, commits the offence of :

(a) Where the plaintiff has suffered (a) Contempt of the government
damage he is entitled to remedy (b) Criminal conspiracy against the state
(b) Where therte is no violation of any (c) Abetting waging against the state
right, there is no damage (d) Sedition
(c) Whrer there is a right there is a
Q . 103 which one of the following
remedy
statements is not correct ?
 (a) Public nuisance is a crime whereas Q . 106. Which one of the following
private nuisance is a civil wrong statements is correct ?
(b) An action for damages lies in respect
of a private nuisance but not in (a) In case of absolute privilege, no
respect of a public nuisence action can lie for defamatory
generally statement made without malice
(c) An action for damages cannot lie in (b) In matters of qualified privilege, no
respect of a public nuisence event if action lies for a defamatory
the plaintiff has sustained a special statement even though the
damages statement is false or has been made
(d) An action for damages lies respecet maliciously
of public nuisance if the plaintiff has (c) In matters of absolute privilege, no
sustained a special damage action lies for a defamatory
statement even though the
Q . 104. A theft had been committed in the statement is false or has been made
defendants house. He informed the police maliciously
that he suspected the plaintiff of the same. (d) In matters of qualified privilege,
`Thereupon the plaintiff was arrested by the action can lie for a defamatory
defendant but the plaintiff was statement made without malice
subsequently discharged by the magistrate
as the final report showed that there was Q . 107. Which one of the following can be
no evidence connecting the plaintiff with successfully pleaded as a defence in an
the theft. The plaintiff filed a suit for action for conspiracy ?
damages for malicious prosecution. In the (a) The combination is for creating an
aforesaid case the plaintiff is : equal bargaining capacity
(a) Entitled to claim damages from the (b) The combination is for eliminating
defendant only monopoly
(b) Entitled to claim damages from the (c) The combination is for protecting
police one’s arm trade
(c) Entitled to claim damages from both (d) The combination is in accordance
the defendant and the police with their business policy
(d) Not entitled to claim damages for Q .108. A railway company was authorised
malicious prosecution at all by law to run railway trains on track. The
Q . 105. Which one of the following sets sparks from the engine set fire to the
correctly identifies the specific defences adjoining property belonging to the
available in an action for defemation ? plaintiff.

(a) Privilege, truth, fair comment Which one of the following defences will be
(b) Privilege, mistake, fair comment most appropriate for the defendant to raise
(c) Truth, mistake, fair comment in an action for nuisance by the plaintiff ?
(d) Truth, Privilege, mistake (a) Public good
(b) Nuisance due to other’s act
 (c) )Reasonable act in conducting his the plaintiff can sue for damages for
business negligence.
(d) Statutory authority
Q .114 Assertion (A) : A wooden chair while
Q .109. The rationale of absolute liability is being used by a guest caused injury to him
that the undertakers of hazardous activities due to defective make. The guest is entitled
have to pay : to claim for damages from the maker.

(a) If they are at fault Reason (R) : A manufacturer owes a duty of

(b) Partially even if they are not at fault care to the ultimate user.
(c) Regardless of any fault on their part
(d) If they have not taken reasonable Q . 115. . Assertion (A) : A person imputing
care but ‘B’, a lawyer is ignorant of law, is
actionable without proof of damage.
Q .110. Assertion (A) : No action lies for
mere damage caused by some act which Reason (R) : Making imputation relation of
does not violate a legal right. trade, profession, business is slander
actionable per se.
Reason (R) : An action lies for interference
with another’s legal private right even Q .116. . Assertion (A) : A defematory
where it causes no actual damage. talking film is a libel.

Q .111. Assertion (A) : Article 300 of the Reason (R) : A photographic part of a film is
Constitution of India has specifically a permanent matter to be seen by the eyes.
removed the distinction between sovereign Q . 117. . Assertion (A) : A person, who
function with respect to government’s moves to a place nearer to the place of
liability for the tort in India. nuisance, can complain of nuisance.
Reason (R) : Government is liable for tort Reason (R) : Coming to the place of
which is the result of its non-sovereign nuisance is a good defence.
function.
Q .118. Which one of the following is a valid
Q .112 . Assertion (A) : The plaintiff can sue defence in tort of nuisance ?
all or any number of joint tort feasors.
(a) The plaintiff has himself come to the
Reason (R) : When several persons in the area of the nuisance
commission of a tort each is individually (b) The defendant is doing a useful
responsible as if each alone had committed activity
it. (c) The nuisnce is being caused by many
Q .113. . Assertion (A) : The liability for other also
negligence is based upon a general public (d) The defendant is engaged in the
sentiment of moral wrong doing for which activity for twenty years.
the offender must pay. Q .119. Which one of the following is not
Reason (R) : On breach of duty towards the correct ?
plaintiff to take care that results in damage,
 (a) In tort, damages are unliquidated, A’s applications resulted in an explosion
but in breach of contract, they are causing damages to Z’s Premises.
liquidated
(b) The duty in tort is primarily fixed by In this case which one of the following
the law but in a contract the same is statements is legally sustainable?
created by, parties themselves. (a) Both A and B are joint tort-feasors
(c) Proof of malice is generally and jointly liable
necessary for an action in tort while (b) A alone is liable
it is not relevant in case of breach of (c) A and B are not joint tort-feasors
contract and
(d) In tort , the duty is towards persons (d) Neither A nor B is liable
generally, while in contract the same
is towards the parties in the Q . 123. A gives some money to B,
agreement. hisneighbour, who is a cashier in the State
Bank of India, to deposite the same in the
Q . 120. Consider the following statements: bank account of A, B misappropriates the
1. Tortious liability aries from money . in this case the bank is :
breach of a duty primarily fixed (a) Liable for money misappropriated
by the law. by B as he is its employee
2. This duty is towards persons (b) Liable as the master is vicariously
generally. liable for the torts committed by its
3. Breach of this duty is repressible servants
by an action for unliquidated (c) Not liable as the money was not
damages. received by B during the course of
4. The quantum of damages is employment
determined by the court . (d) Liable as B was in the employment
Which of the above statements are correct? of the Bank when the money was
given to him
(a) 1, 2and 3 (b) 1, 2, 3 and 4
Q . 124. Several children of a school had
(c) 2, 3 and 4 (d) 1,3 and 4 gone on sighsteeing under charge of two
teachers of the school. Before lunch, some
Q .121. The rule in Rylands Vs Fletcher does of the children decided to take bath in the
not apply when the escape is due to : near river on the bank of which they had
(a) inevitable accident camp. While swimming, two of the children
(b) Vis Major were drowned. It was found that the
(c) Negligence of the defendant teachers incharge were taking lunch at that
(d) mistake time. In a suit for compansation :

Q. 122. A and B entered Z’s premises to (a) The headmaster of the school would
search for an escape of gas. Each one of be liable as he had permitted for the
them applied naked light to the gas pipe. sightseeing
 (b) The headmaster would be Reason (R) : Action for malicious
vicariously liable for the negligence prosecution is instituted in criminal court.
of the teachers
Q .129. A boy, playing on the road, was about of
(c) The school administration would be
be runover by a taxicab. The driver, however,
vicariously liable for breach of duty
applied the breaks and brought the cab to a
to take care by the teacher screeching halt and the boy was slightly injured.
(d) No one would liable because the The mother of the boy who happened to watch
accident was due to the recklessness the same from her house at a distance of 100
on the part of the children meters from the sight, suffered a nervous
themselves. shock. The driver is :

Q . 125. . Assertion (A) : He who keeps (a) Not liable, because he does not owe
ferocious animal keeps it at his peril. a duty of care to the mother
(b) Liable for the nervous shock since it
Reason (R) : It is not wrongful to keep a is the direct consequence of his act.
ferocious animal,the wrong is in allowing it (c) Not liable,, because the damage is
to escape from the keeper’s control with not reasonabley foreseeable
the result that it does damage. (d) Liable, because he owed a duty of
Q . 126. . Assertion (A) : Public and private care to the mother.
nuisance are not in reality two species of Q .130. The State is vicariously liable in an
the same genus at all. Obstruction of action for tort if the act done by its
highways is public nuisance but an employee is :
individual can sue on proof of special
damages to him. (a) Done during office hours
(b) Affecting the plaintiff as well as
Reason (R) : Negligence is a necessory other persons
condition of a claim for nuisance and the (c) Done in unauthorised capacity
letter is a breach of the former. (d) A deliberate or grossly negligent
Q . 127. . Assertion (A) : H writes to his wife misuse of power granted by law.
a letter, which contains defamator matter Q .131. The rule that joint tort-feasors are
about B.H. is not liable to B for defamation. jointly and severally liable means that :
Reason (R) : communication of defamatory (a) One will not be liable unless the
matter by a husband to his wife or vice- other is liable
versa, is not a publication for what passes (b) Only one is liable and not the other
between them is not a publication, for what (c) Each is liable as if the acts were
passes between them is protected. done by each alone
Q . 128. . Assertion (A) : In an action (d) Suit must be filled against all
malicious prosecution it must be proved Q 132. Xalong with other passengers hired a
that the defendant had initiated criminal bus owned by Y and driven by his driver Z.
proceeding maliciously and without In the mid-way , the bus was punctured. So,
reasonable and probable cause Y transferred X and other passengers to
another bus owned by L, and driven by his
servant R. the Second bus met with an Q .135. Which one of the following is a
accident, in which X died and some other ground for rejection of defence of fair
passengers were injured. W, X’s widow, comment in the tort of defamation ?
sued for her husband’s death.
(a) The comment is with respect to a
Inthis case which one of the following is matter of public interest
correct ? (b) The comment is an expression of
fact
(a) Y is liable (b) Z is liable (c) The defendant and the plaintiff had
(c) L is liable (d) R is liable no malice towards each other
(d) The circumstance show that the
Q . 133. A University has given a contract to expression by the defendant is not
Engineers Co. (P Ltd. to construct its unfair
Campus Building. The company engages
sub-contractors. One of the sub contractor Q . 136. Which one of the following is not
engeges one hundred workers on rate- an important factor in the tort of
contract basis. A being one of them. The conspiracy?
University Engineering Department has (a) The purpose of the combines
reserved the right of inspection and (b) The means employed by the
advising accordingly. A, whileworking on combiners
the structure, negligently has a fall (c) The number of the combiners
fracturing his legs that confines him for six (d) The intention of the combiners
months. A is entitled to compensation from
: Q .137. A is playing his music system at a
low pitch. His “neighbour”. B, who cannot
(a) The sub-inspector bear the noise of his music because he is
(b) Engineers Co. (P) Ltd. suffering from a heart ailment, gets a heart
(c) The University attack as a result. B sues A for nuisance. A
(d) The University Grants Commission is :
which provides funds for the
construction (a) Liable as he owes a duty towards his
neighbour
Q . 134 The question as to whether the (b) Not liable as he is playing the music
defendant has committed a breach of his at a low pitch
duty towards the plaintiff depends on as to (c) Liable as he should have known
whether he : about the ailment of his neighbour
(a) has evil motive towards the plaintiff (d) Not liable as no one can curtail the
(b) Did not act as a reasonable man freedom of another on the ground
(c) And the plaintiff were each other’s of his own special circumstances
enemy Q .138 In a case of false imprisonment :
(d) Commited an illegal act
(a) Intention of the defendant is
necessory to constitute the tort
 (b) The wrong could not be constituted on the wrong side. Which one of the
without the knowledge of the following is correct in this context?
person wronged
(c) The wrong could be constituted (a) There is no contributory negligence
even by the curtailment of partial on the part of the rickshaw driver as
liberty the fact of overloading did not
(d) The wrong could be constituted contribute to the occurrence of the
even without the knowledge of the accident.
person wronged (b) There is contributory negligence on
the part of the rickshaw driver as he
Q 139. A unlawfully locks B in room B can had overloaded the rickshaw.
be open the door from inside the room also (c) The bus driver is not liable as the
as he has a duplicate key in his possession. rickshaw driver had the last
B however, forgets that he has a key and as opportunity to avert the accident.
a result remains locked in for two hours (d) The bus driver and the rickshaw
after which A comes back and opens the driver, both are equally liable for the
room, A is : accident.

(a) Not liable because B has a duplicate Q . 142. Y sold gasoline, a highly
key in possession and can come out inflammable material to X and Z, 6 and 9
whenever he so wishes years old children. He had asked them why
(b) Liable as he may not know that B they were purchasing it but they told a lie
has a duplicate key in his possession that their mother needed it. They actually
(c) Liable as his act is unlawful played with it and X was badly burnt.
(d) Not liable as B has suffered because Answer whether :
of his own forgetfulness
(a) Y will not be liable to X as he had
Q . 140. A, without any provocation, makes taken care i.e. asking the children
a false statement in a gathering that B is (b) Y is not liable because X had been
suffering from AIDS. Here A is : injured due to inevitable accident
(c) Y will be fully liable to X for
(a) Not liable because there is no negligence care i.e. expected to him
defamation in selling gasoline, a highly
(b) Not liable because defence of dangerous thing to small children
privilege is available to him (d) Y is negligent but X is guilty of
(c) Liable because it is a slander contributor negligence
actionable per se
(d) Liable because the statement has Q . 143. In case of damage caused by
been made in B’s presence escape of ferocious animals the person
having control will be liable to any damage
Q .141. An overloaded rickshaw with three caused :
adults and a child on it. While being driven
on the correct side of the road, is hit by a (a) Only on proof of negligence
bus being driven at high speed and coming (b) Even without proof of negligence
(c) Only on proof of malice
 (d) On proof of animal’s nature not liable to B for tort of defamation,
though B feels much pain and anguish after
Q .144. When a Master A has lent only the reading it.
labour of his servant to another Master B,
who of the following is/are liable for the Reason (R) : Publication of defamatory
wrongful act of the servant? statement is an essential element of
defamation.
(a) Master A
(b) Master B Q. 148. Assertion (A) : Government cannot
(c) The sevant be held liable for the torts committed by
(d) Master A and Master B jointly its servants.

Q . 145. Which one of the following Reason (R) : A master is liable for the torts
conditions is important to apply the maxim committed by his servants in the course of
res ipsa loquitur in accident cases? his employment.

(a) Accident must be such as could in Q. 149. Assertion (A) : The bank is liable
the ordinary course of things for misappropriation of money, given by the
happened without negligence. plaintiff to the bank’s cashier, who is a
(b) Accident must be such as could in friend of the plaintiff at his residence for
the ordinary course of things have depositing it in the bank.
happened without negligence.
(c) Accident must be such as could in Reason (R) : The master is liable for the
the ordinary course of things have wrongful acts of the servant done during
happened without negligence. the course of employment.
(d) Accident must be such as could in Q. 150. The ‘last opportunity’ principle is
the ordinary course of things have related to the :
happened with negligence.
(a) hanging of the convicts
Q.146. In which one of the following
situations is slander actionable per se ? (b) right of the accused to prove innocence
before the court
(a) An imputation that a certain person is a
habitual gambler (c) principal of natural justice
(b) An imputation that a certain person is a (d) vehicle accidents
lair
Directions : The following consists of two
(c) An imputation that a certain wrestler is statements ; one labelled as the
a womanizer ‘Assertion(A)’ and the other as Reason (R)’.
you are to examine these two statements
(d) An imputation that a certain female carefully and select the answers to these
player is of unchaste character item using the codes given below:
Q. 147. Assertion (A) : When A sends a Codes :
letter to B in a closed envelope in which
defamatory things about B are written. A is
 (a) Both A and B are individually true Q . 154. . Match list – I With list II and
and R is the correct explanation of A select the correct answer from the codes
(b) Both A and R are individually true given below the lists;
but R is not the correct explanation
of A List-I List - II
(c) A is true but R is false A. General offer 1 . Offer to invite
(d) A is false R is true offers
B . Invitation to 2 . ‘Offers at large’
Q . 151. Assertion (A) : In India defendants treat
collecting water in reservoirs have not been C . standing offer 3 . identical offers
held liable for damage caused due to crossing each other
escape of water from these reservoirs in D . cross offer 4 . Tender
absence of negligence.

(R) : The rule of strict liability laid down in Codes :

Raylands V. Fletcher case has been held to
be not applicable in India. A B C D

Q . 152. X, a fruit dealer, gives his agent Y a (a) 2 1 4 3

van for the supply of fruits to the
(b) 3 4 1 2
customers, Y goes for a free drive with his
friend Z, and commits an accident resulting (c) 2 4 1 3
in an injury to A.
(d) 3 1 4 2
Which one of the following is correct?
Q . 155. In one auction sale, ‘X’ is the
(a) X is liable highest bidder. The auctioneer accepts the
(b) Y is liable offer not by speaking but striking the
(c) Z is liable hammer on the table. This amounts to :
(d) X, Y, and Z are all liable
(a) Express acceptance
Q . 153. Identify the situation out of the (b) Implied acceptance
following in which the defendant owes no (c) Future acceptance
duty to take care against the plaintiff : (d) No acceptance
(a) Where the plaintiff and defendant Q .156. With regard to the contractual
are neighbours capacity of a person of unsound mind,
(b) Where the defendant has sold a which one of the following statements is
house to the plaintiff most appropriate ?
(c) Where the plaintiff himself has no
legal duty towards the defendant (a) A person of unsound mind can never
(d) Where the plaintiff and the enter into a contract
defendant are business partners (b) A person of unsound mind can enter
into a contract
(c) A person who is usually of unsound
mind can contract when he is at the
 time of entering into a contract, of approached his friend ‘B’ who knowing the
sound mind helpless position of ‘A’ lent money at a very
(d) A person who is occasionally of high rate of interest, saying that he had
unsound mind can contract although himself borrowed money from ‘C’.
at the time of making the contract,
he is of unsound mind The contract between ‘A’ and ‘B’ was :

Q .157. While obtaining the consent of the (a) Vitiated by undue influence that ‘B’
promise. Keeping silence by the promisor had exercised over ‘A’ to his close
when he has a duty to speak about the friendship
material facts amounts to consent obtained (b) Void as the rate of interest being
by : very high was unconscionable
(c) Not valid as ‘B’ has wrongly misled
(a) Coercion (b) misrepresentation ‘A’ that he had borrowed money
from ‘C’
(c) Mistake (d) fraud (d) Valid as a friend could not be
Q .158. Consider the following statements : supposed to have wielded undue
influence only because the money
Contract can be avoided if the consent is lent carried a higher rate of interest
obtained under :
Q.161. Which one of the following
1. Mistake of law 2. Mistake of fact statements is correct? In the tort of
false imprisonment, knowledge of the
3. coercion 4. Undue influence plaintiff that he is being fasely
imprisoned is :
Which the statements given above are
correct ? (a) Essential
(b) Not essential
(a) 1, 2 and 3 (b) 2, 3 and 4
(c) Sometimes essential
(c) 1, 3 and 4 (d) 2 and 4 (d) Relevant or not –is determined on
the discretion of the court
Q .159. ‘A’ threatened to commit suicide if
his wife did not execute a sale deed in Q . 162. Which one of the following is not a
favour of his brother. The wife executed the remedy of private nuisance ?
sale deed.
(a) Injuction
This transaction is : (b) Abatement
(c) Action for damages
(a) Voidable due to undue influence (d) Action for specific performance
(b) Voidable due to coercion
(c) Void being immoral Q .163. Which one set of factors out of the
(d) Void being forbidden by law following is important for the defendant to
be held liable for the tort of conspiracy ?
Q .160. ‘A’ is in dire need of Rs. 100000/-
but was unable to get any loan from banks (a) Means, intention and damage
as he had no security to offer. ‘A’ caused
 (b) Means, end and damage caused (b) The manufacturer is not liable at all
(c) Motive, intention and damage (c) The retailer will be liable to the lady
caused as he sold the bottle
(d) Intention, end and damage caused (d) The lady is not entitled to damage
due to her contributory negligence
Q .164. In which one of the following
situations ‘A’ will be liable for defamation ? Q . 167. . Match list –I (rules/Maxims)
With list - II (cases) and select the correct
‘A’ writes a letter containing a defamatory answer from the codes given below the
matter about ‘B’ and : lists;
(a) Keeps it in a sealed envelope with List-I List - II
himself (rules/Maxims) (cases)
(b) Sends it in a sealed envelop to ‘B’ A. Neighbour 1 . Davis Vs. Mann
but it is opened by his (A’s) butler Principal 2 . Byrne Vs. Boadle
(c) Sends it in a sealed envelope to ‘B’ B . Last Opportunity
but it is opened by B’s father Rule 3 . Mathews Vs.
(d) Sends it in sealed envelop to B’ wife C . Res ipsa loquitur London Street
Q .165. Which one of the following factors Tramways Co.
is important while considering as to D . Doctrine of 4 . Donoghue Vs.
whether the defendant has acted as a Identification Stevenson
reasonable person ? 5. Ashby Vs. White

(a) Magnitude of risk of damage to the

plaintiff Codes :
(b) Unreasonable act of the plaintiff
A B C D
(c) Anger of the plaintiff towards the
defendant (a) 3 2 5 4
(d) Probability of damage resulting from
the conduct of the plaintiff (b) 4 1 2 3

Q . 166. A manufacturer of ginger beer had (c) 4 2 5 3

sold to a retailer, bottles of ginger beer in
(d) 3 1 2 4
opaque bottles. The retailer sold one such
bottle to ‘A’ who gave to his girl friend Q . 168. In which one of the following cases
which contain the decomposed remains of a did the Supreme Court of India give a ruling
dead snail. The lady alleged that she that sovereign immunity of the State is
became seriously ill on consuming a portion subject to the fundamental rights?
of the contents from the said bottle.
(a) State of Rajasthan Vs. Vidyawati
Which one of the followingconclusions is (b) Shyam Sunder Vs. State of Rajasthan
correct as to the liability in law of torts ? (c) Kasturi Lal Ralia Ram Jain Vs. State
of U.P.
(a) The manufacturer of the ginger beer
(d) Peoples Union for Democratic Rights
shall beliable for negligence
Vs. State Bihar.
Q . 169. Which one of the following (c) In this case no liability will be
statements is not correct? imposed under the defence of
inevitable accident
(a) The principle of matter’s liability for (d) In this case both Government of
the acts of a servant is based on the India and the driver personally
doctrine is respondent superior would be liable
(b) The rule of master’s liability for the
acts of the servant is based on the Q . 172. C, a stranger blocked the water
maxim qui facit per alium facit per pipes of a wash-basin and opened the tap.
se The wash-basin was otherwise in the
(c) Master’s liability for the torts of his control of the defandant B. The overflowing
servant is absolute and it is water damaged the plaintiff goods.
immaterial whether the tort was Thereupon the plaintiff filed a suit for
committed in the course of his damages against the defendant B. C was
employment or not not made a party.
(d) The rule of master’s liability for the
act of the servant is based on the In the aforesaid suit which which one of the
capacity to pay, in most of the cases, following conclusions is correct ?
servant is not financially in good (a) The defendant was liable for damages
position to pay the damages to the plaintiff on the basis of rule of
strict liability
Q .170. Where does vicarious liability
(b) The defendant was liable for damages
generally arise from ?
(c) The stranger C will have to pay damages
(a) A contract of service (d) The plaintiff’s suit will be decreed in his
(b) A contract for service favour
(c) A contract of service as well as a
Q .173. Due to the collapse of the clock-
contract for service
tower situated opposite the townhall in
(d) A wrongful act of the master
main bazaar of a city, a number of persons
Q . 171. An army truck driven by an army died. The clock-tower belonged to the
driver while going to leave army jawans on Municipal Corporation of the city and was
the station for enabling them to catch their exclusively under its control. It was 60 years
home town, hit a pedestrain and killed him old but the normal life of the structure of
due to rash and negligent driving. the building which had fallen could be 40 to
45 years having regard to the kind of
Which one of the following is correct? material used. Mrs. X whose husband died
due to the collapse of the clock-tower filed
(a) In this case vicarious liability is due the suit for damages against the Municipal
to be imposed on the Government Corporation.
of India.
(b) In this case vicarious liability would  Which one of the following maxims
be claimed under the defence of is applicable in the aforesaid case ?
inevitable accident (a)Damnum sine injuria
(b) Injuria sine damno
(c) Res ipsa loquitur
 (d) Volenti not fit injuria (d) Imputation of lack of chastity to a
woman
Q.174. The defendants by digging a
coalpitnin the land intercepted the water Q.178. When does the tort of conspiracy
which affected the plaintiff’s well at a exist?
distance of about one mile. The plaintiff
brought a suit for a damages against the (a) Two or more persons agree to
defendants. commit an unlawful act
(b) Two or more persons agree to
Which one of the following maxims is commit some recognised tort
applicable in the aforesaid case? (c) Two or more persons caused harm
to the plaintiff
(a) Damnum sine injuria (d) Two or more persons committed a
(b) Injuria sine damno concerted action to injure the
(c) Res ipsa loquitur plaintiff.
(d) Volenti not fit injuria
Q .179. During the scarcity of potatoes, long
Q .175. Who gave the ‘Pigeon-hole’ theory queues were made outside the defendant’s
in definding tort ? shop who having a licence to sell fruits and
(a) Austin (b) Heuston vegetables used to sell only 1Kg of potatoes
per ration card. The queues extended on
(c) Salmond (d) Winfield the highway and also caused some
obstruction to the neighbouring shops. The
Q.176. A Magistrate in making a report neighbouring shopkeepers brought an
to the superior casts an imputation on action for nuisance against the defendant.
the character of a person Z in good faith
and for public good. Which one of the following decisions will be
correct in this suit ?
Which of the following defence is most
appropriate ? (a) The defendant is liable for nuisance
(b) The defendant is not liable for
(a) Justification nuisance
(b) Fair comment (c) The plaintiff’s suit should be decreed
(c) Absolute privilage in their favour
(d) Qualified privilage (d) The defendant is liable to pay
damages to the plaintiffs
Q.177. In India an action of slander may be
maintained without proof of special Q .180. A theft had been committed in the
damage in some cases. Identify in which of defendant’s house. He informed the police
the following cases proof of damage is that he suspected the plaintiff for the same.
necessory ? Therefore the plaintiff was arrested by the
police. A complaint was filed by the
(a) Imputation of crime
defendant but the plaintiff was
(b) Vulgar abusive language
subsequently discharged by the magistrate
(c) Imputation of contagious disease
as the final report showed that there was
no evidence connecting the plaintiff with
the theft. The plaintiff filed a suit for session judge. Thereupon the plaintiff filed
damages on the ground of malicious a suit for malicious prosecution against the
prosecution. defendant.

In tne above case, which one of the In the aforesaid case , which one of the
following decisions is correct? following conclusion is correct ?

(a) The plaintiff Is entitled to claim (a) The defendant is liable for malicious
damages from the defendant prosecution.
(b) The plaintiff Is entitled to claim (b) The defendant is not liable for
damages from the police malicious prosecution.
(c) The plaintiff Is entitled to claim (c) The defendant is not liable to pay
damages from both damages to the plaintiff.
(d) The plaintiff Is not entitled to claim (d) The plaintiff suit must be dismissed.
damages for malicious prosecution
at all. Q .183. Assertion (A) : Plaintiff may sue one
or all of the wronge doers jointly in same
Q .181. The branch of a tree growing on the action and even if sued jointly the
defendant’s land hung on the highway at a judgement obtained against them may be
height of about30 feet above the ground. In executed in full against any one of them.
fine weather, the branch suddenly broke
and fell upon the plaintiff’s vehicle which
was passing along the highway. For the
damage to the vehicle, the plaintiff sues the
defendant on the ground of nuisance.

Which one of the following conclusions is Reason (R) : Joint tort-feasors are jointly
correct in this suit ? and severally liable for the whole damage
resulting from the tort.
(a) The defendant was liable for
nuisance Q .184. Which of the following is an
(b) The defendant was not liable element of strict liability in tort ?
fornuisance
(c) The defendant was liable under the (a) Duty to care (b) Fault
principal of strict liability
(c) Breach of duty (d) No-fault
(d) The plintiff’s suit should be decreed
in his favour.

Q .182. The defendant had filed a complaint

to the Magistrate against the plaintiff. The
complaint was dismissed. The defendant
moved the sessions judge in appeal. He got
himself examined in Sessions trial although
he knew the charge was false and he was
acting without reasonable and probable
cause. His complaint was dismissed by the
 126.C 127.A 128.C 129.B 130.D
131.C 132.C 133.A 134.B 135.B
136.B 137.D 138.D 139.C 140.C
141.A 142.C 143.D 144.A 145.C
146.D 147.A 148.D 149.D 150.D
151.C 152.B 153.D 154.A 155.A
156.C 157.D 158.B 159.B 160.D
161.A 162.D 163.A 164.D 165.A
166.A 167.B 168.D 169.C 170.A
171.A 172.B 173.C 174.A 175.C
176.D 177.B 178.D 179.B 180.D
181.B 182.A 183.A 184.D

LAW OF TORTS (ANSWERS ---

QUESTION NUMBERS 1 TO 184)

1.D 2.C 3.B 4.C 5.B 6.C 7.C 8.A 9.D

10.B 11.B 12.A 13.D 14.B 15.D 16.C
17.C 18.D 19.C 20.C 21.B 22.C 23.B
24.A 25.D 26.A 27.D 28.B 29.A 30.C
31.A 32.B 33.C 34.B 35.B 36.C 37.D
38.B 39.A 40.D 41.B 42.C 43.A 44.D
45.D 46.B 47.A 48.C 49.C 50.C 51.A
52.B 53.B 54.D 55.D 56.D 57.C 58.B
59.D 60.C 61.C 62.B 63.B 64.D 65.A
66.D 67.D 68.B 69.B 70.B 71.D 72.D
73.A 74.D 75.B 76.B 77.D 78.B 79.A
80.C 81.A 82.C 83.B 84.A 85.C 86.D
87.B 88.A 89.B 90.C 91.B 92.C 93.C
94.C 95.A 96.C 97.B 98.B 99.C 100.B
101.No options are correct.All
options are wrong because in tort,
the duty is towards persons
generally and not towards specific
person. 102.D 103.C 104.D 105.A
106.C 107.B 108.D 109.C 110.C
111.D 112.C 113.D 114.D 115.A
116.A 117.C 118.D 119.C 120.B
121.B 122.A 123.C 124.C 125.A