‘otisaspecal branch of Law which originated ir (@) America (b) France @ Ina @ England ans (dy [BJS 2009] ‘The definition of 'tort'is contained in- (@ The General Clauses Act, 1897 (t) TheLimitation Act, 1963 @ TheIndian Contract Act, 1872 (@) TheIndian Penal Code, 1860 Ans. (b) [AJs 2015), “Tont"is defined in the Limitation Act, 1963 un- detsection- @ 2) () 20) @ 2m) (@) 2) Ans. (c) [AJS 2015] The word "Tor is derived from the verd Tortum meaning "Twist'. © Bnglish (b) French iba (@ Greek fone) [ACS (Pre) 2016] "inp a eisted- : (b) volition a @ consent no. [ACS (Pre) 2014] stor has developed mainly through ® “toms ‘and precedents Accisions [WP.Hys 2016, ACS (Pre) 2014, 15; 5, Tripura JS 2015, WaJs 2015, Trip “e200 DEFINITION, ESSENT, TALS, NATURE ANDaR SCOPE 2 oer | Lawbench F TORTs The law of tort in India based on- © Common Law of England ) Droit Administatif of France © the Constitution of India © the Bill of Rights of Usa Ae FACS (Pre) 2013, 2016) Basically, tortis aspecies of- @) Criminal injury of wrong (b) Substantial injury of wrong © Civilinjury or wrong (@) None of the above Ans. (c) [AP.CS 2013, Tripura Js 2015, 2017, WBJS 2015, AJS 2011] ‘Whether for a wrong both tortious and criminal | liability may arise? | (@) Only tortious lability may arise | (b) Only criminal liability may arise (© Both the liabilities may arise (a) None of the above tin Ans. (c) Esa ‘The duty under the law of tortis cowards- (@ aspecficindividval (&) a group of individvals (© theworld atlarge @ Bon Bad ® Ans. (0) ‘Tortisa violation of (@) Rightin persona pys2012] ‘Scanned wih CemScanner4. 16. 1. Lawbench Atortis breach of duty, which is- (@ imposed by the parties (©) imposed by the law (© imposed by the penal law @) imposed by the society Ans. (b) To constitute a tort- [BJs 2016] @) There must be some act or omission on the part of defendant (©) The act or omission should result in violating of legal right vested in the plaintiff © Both (A) & ®) (@) Either of the two Ans. (c) [WEJs 2015, TYs 2017] Which statements is correct for an act of tort? @ Itisacivil wrong (©) Allcivil wrongs are not tort © Itgives a right in rem @ Allof the above Ans. (4) [BJs 2016] "Tortious liability arises from the breach of a duty Primarily fixed by the law. This duty is towards Persons generally and its breach is redressible by an action for unliquidated damages." The above definition was given by- @ Winfield ©) Pollock © Salmond (@ None of them Ans. (a) Injurja sine damnum means- (@ inftingement of private legal rights without dam- age or loss (©) infringement of public legal rights without dam- age or loss © Both (A) and (B) are right (@ Both (A) and (B) ate wrong Ans. (a) [ACS 2016) Damnum sine injuria is a Latin maxim which means- (@)_ damage caused to plaintiff with legal injury (b) damage caused to plaintiff without legal injury [ACS 2013, BJs 2018] Ans. (a) © damage which is actionable (2) None of the above Ans. (b) UWBIS201, xcs ng . APEN, 82mm) "Ubi jus ibi remedium’ means (@ where theres tight, theres no remedy (©) there is no remedy without a wrong © there is no wrong without a remedy (@) thereiis no sight without a remedy Ans. (c) (AJS 2015, ACS 2013, n15 The propunder of Pigeon-Hole Theory is. @) Salmond ©) Winfield © Austin (@) None of the above Ans. (a) [BJS 2018, Tripura ys 2017 Who among the following holds that there is no "law of tort, but there is law of torts!? @ Salmond (©) Winfield © Both Salmond and Winfield @ Neither Salmond nor winfield ‘Ans. (a) [ACS 2014] Under the law of torts, the damages are- @ unliquidated (®) liquilated © limited @ unliquidated but limited ‘Ans. (a) [ACS 2015, U.P. HJS 2009) Inunliquidated damage, the damageis- @ pre-determined () fixed by the parties before hand © notpre-determined (@ Nolegal action involved Ans. (0) ‘Malice in law means- @ Wrongful act done intentionally but acs 2013, 41825) without ‘cause or exeuse — (®) Wrongful act done intentionally but orexcuse e seh good © ‘Wrong act done intensionaly is ie (@) Wrongful act done intentionally wi was oi a ‘Scanned with CemScannerLaw of Torts 4. ‘Malice in fact’ means- ~~ eer (@ 8 wrongful act done intentionally without evil motive (&) awzongful act done without just cause () Imposition of moral blame © Compensation (A) Cotrective jstice 2 ~ Ans. (b) [ACs 2015) @ awrongful act done with good motive 26. The maxim ex turpi causa non oritur actio ‘means- (@ awrongful act done intentionally with evil motive @ fromaimmoral cause action arises ‘Ans. (4) [ACS 2015] () from an immoral cause no action atises 4, Which one of the following is not an objective of © froman immoral cause action mayor may not tise the law of torts? @ None of the above (@ Detemence Ans. (b) [ACs 2015] GENERAL DEFENCES 1 Volenti non fit injuria is- 5. Which of the following is nota general defence in @) adefence in an action founded on tort tore? (©) aground for initiation of action for tort @) Necessity © nota defence in an action for tore (©) Private defence (@ none of the above Ans. (a) [AJs 2015} 2 The maxim 'scienti non fit injuria’ means @) where there is no fault, thereis no remedy (©) mere knowledge does not imply consent to take tisk © (@) scientific knowledge is not enough to cause injury Ans. (b) [BJs 2018] 3 "Necessityis available a a defence when the harm iscaused. ‘mere giving consent does not imply to take tisk ® topreventa greater evil ©) topreventa smaller evil © topreventno evil @ Allof the above Ans. (a) [ACs 2014] Aninevitable accident means- ® anactofGod (©) anunexpected injury which could not have been foreseen and avoided © an unexpected injury which could have been foreseen and avoided (@) Both (A) and (b) Ans, (b) [WBJS 2015, BJS 2012} Lawbenc © Consent (@) Economic instability Ans. (d) [ACS 2016 6 Which out of the following cannot be used as defences in an action for tort? @) Acts of State () Judicial acts © Statutory authority (@) Ataxpayer Ans. (4) 7. Rescue cases form an ex: of the doctrine of- [BJs 2009] ‘ception to the application (@) Necessity (b) Volenti non fit injusia (Inevitable accident @ None of the above Ans. (b) [ACS 2015] Consent given to undergo an operation cannot sue a surgeon later by the defence of- (@ Damnum sine i & (&) Injuria sine damnum © Ubi jus ibizemedium (@ Volenti non ft injuria , Ans. (d) 52016) ‘Scanned wih CamScanner| L Lawbench. JOINT TORTFEASO “The liability of joint tort feasors is- @ only joint (b) jointand several © only several (@ Neitherjoint nor several ‘Ans. () [acs 2014] 2. Theterm novus actus interveniens means- (@ Directness of damages (b) Remoteness of damages VICARIOUS LIABILITY, ‘The doctrine of vicarious liability applies when there is a- (@ Relationship of principal & agent (b) Relationship of partners © Relationship of master & servant (@ Alltheabove Ans. (d) [WBJs 2015, U.P. HJS 2014, ‘Tripura JS 2013, 2015, 2017] Master is liable for the torts committed by his servant- @) during the course of his employment () outside the course of his employment (© ither in os out of the course of his employment @ if the actis done for the benefit of the master ‘Ans. (a) [ACS 2013] 3. Under the doctrine of vicarious liability which ‘one among the following is correct? (@) Principals liable for the wrongful act of his agent. (b) Masteris liable for the torts of his servant. (© Partners are liable for each other's wrongful act (@ Allofthe above are correct. Ans. (2) [UP HJS 2014) In case of vicarious liability, the liability is- @ joint only (b) several only © jointandseversl (@) None of the above Joni [ACS 2015} ‘The liability of a master for acts of his servant in Law of Torts is called- Law of Torts RS & REMOTENESS OF DAMAGE. (© Dizect or remote damages (@) Foresceable damages Ans. (0) {ACS 20 Remoteness of damage can be uctermined by, (@ test of directness () test of closeness © test of relativity (d) test of reason as leness Ans. (a) FACS 201g STRICT AND ABSOLUTE LIABILITY (©) Tortious lability (d)_ None of the above [U.P. HJS2008] (@ Absolute liability © Vicarious liability Ans. (c) * Qui facit per aluim facit per se' means- (@) He who acts through others acts himself (b) He who has not the power of alienating is undet the necessity of retaining (© He who does not prohibit when he is able © prohibit, is in faule (@) He who is silent appears to consent Ans. (a) Qui facit per alium facit perse, armaximinlav of tort, is related with which act of tort? ys20!7 @) Capacity to sue (b) Negligence © Vicatious liability (@) Defamation ys2004 Ans. (c) ‘The maxim respondent superior means @) let the servant be held responsible () let the principal be held responsible © let the neighbour be held. responsible (d) Both (A) and (B) Ans. (b) pcs oe icable ‘The rule of strict liability is not applicable the 'escape' is due to- (b) Nedleen @ Mistake a © Inevitableaccident (4) et of CM ash P. Ans. (d) __ hee ‘Scanned with ComScanner+ {. Thethree main forms of trespass to a person are. (@ assault battery and defamation @ assault, battery and false imprisonment (@ assault, battery and wrongful restraint (@) assault, battery and wrongful confinement ‘Ans. (b) TACs 2014) Assaults a- @ cime ©) tort of civil wrong © crime as well as tort (@ None of the above Ans. (c) [ACS 2015} Tospitata person deliberately is actionable asthe tort of- For the tort of false imprisonmen Fo % there should @ total estsin on the tberty fa person (©) partial restraint on the liberty of a person © means of escape © all of the above Ans. (a) {BJs 2012) "False imprisonment’ ‘Means, 7 (false restrain ofa person's liberty without lawful justification ©) a partial restraint of a lawful justification Person's liberty without @ assaule ©) date © ‘total restraint of person's liberty without lawful 7 al justification © Boh(A) and B) (4) Neither (A) nor ®) (@ apersonis imprisoned fora tortin alse charges Ans. ) [ACS 2014] Ans. (c) [bys 2018} NUISANCE | ~ 1 'Nuisance' as a tort was defined as “unlawful 4, ‘Nuisance can be- interference with a person's use or enjoyment of land, or some right over, of in connection with it" _ b enc h by © Pivateony | Q\VV @ Winkela (©) Salmona © Both public and private © Pollock @ Underhill (@) Neither public nor private Ans, (a) [Bys2012] Ans. (c) (AR&N.JS 2017] — | To constitute the tort of nuisance, the essentials enjoyment of land or some right over or in are- Connection with it" is known as tort of ' (@) unreasonable interference @ wespass nuisance | ») interference is with the enjoyment of land. spas: | © negligence @ conversion | © damage Ans, (b) [Bys 2018) (@ all of the above 3 Nuisance is- Ans. (4) [BJs 2015] @) fraudulent misrepresentation that induces another Which of the following remedies are available in to enter into a void contract an action in the tort of nuisance? (©) unlawful detention or physical restraint by a security 1, Abatement 2, Injunction guard ae © passing off another's goods and services as one’s own property : (@) any activity on an occupies's property that Untasonablyesfere withthe nelghbouts Sights to the enjoyment of his/her own property [WBJs 2018] 3, Specificrestitution 4. Action for damages Select the correct answer using the code ane is below: @ 1,2and4. © 2and4 Ane, (@) (@) tand3 @ 1,2,3a0d4. ‘Scanned with CamScannerLawbench “7 NEGLIGENCE 1 Inthe wrong of negligence there is breach of = 4 (@ Legal duty of the defendant (b) Legal right of the defendant (© Of goods faith (@) None of the above @ mule of law (b) rule of procedure © ule ofevidence (€) rule of negligence The maxim res ipsa loquitor is a. ‘Ans. (a) [BJS 2009] A oat Me ‘ple fz ea 29 . Principle "facts speak for themuchey , 2 "Negligence is culpable carelessness." This expressed by the maxim. viewpoint was expressed by- (@ Ubi jus ibi remedium @) Pollock () Halsbury (b) Res jpsa Loquitur © Salmond @) Winfield (© ‘Novus Actus Interveniens Ans. (c) [Acs 2014] (@) Causa Causans 3. The standard of care required on the part of ‘Ans. (b) [UP.HYS2109 defendant in the tort of ‘negligence’ is of 6. Last opportunity rule is associated with- (@) highly skilled pezson (@) Absolute liability (©) any person of least understanding (b) Strict liability (© reasonable and prudent man © Volenti non fit injuria (@ aperson having legal understanding (@ Contributory negligence Ans. (c) [BJs 2016] Ans. (d) [AP cs200 DEFAMATION 1 Twotorts constituting "Defamation are- © Both under English law and the Indian (@) Libel and Slander (@ None of the above (©) Assault and Battery Ans. (a) wwys2051 © Absolute liability 4, Tort of defamation can be in respect of 8) Negigence @ living person only ‘Ans. (a) [ways 2018) One 2 Which of the following is not an element in ae establishing a case in libel? (@) Publication (b) A defamatory statement © A section of the public who know less of the 5+ phinsff [BJs 2018) 3. Defamationis divided intolibel and stander under. (@) English law only (©) Indian law only —_[_—$_$ © Both (@) and @) @ Ei ‘Ans. (c) Tn which of the following situations et (a) oF (b) Privilege apply? @ Acomplaine about a lawyer made 0 () Su © A statement made ina press @) A cartoon in a newspaper Ans. (b) ‘Scanned wih CamScanner eo iarnent rent made in the Parliament cconferen® oss aeLaw of Torts ich one the following can be described as whic ee sution? malicious prose (9 Céiinal Proceeding (Money Recovery Proceeding (@ Bankruptcy Proceeding, (@ Liquidation Proceeding Ans. (a) 1 Malicious prosecution consists in- [BJs 2012] (@ Instirating unsuccessful criminal proceeding maliciously and without reasonable & probable cause (0) Instituting unsuccessful civil proceedings maliciously and without reasonable & probable cause © Both (a) & () (@) Neither (a) nor (b) Ans. (a) Inasuit for damages on the gr0" Prosecution, what is required to @ Thathe was prosecute (b) That the prosecution without 76% probable cause © Proceedings for: in favour of the plaintiff (@ Allof the above Ans. (a) [7ys 2013] und of malicious ibe proved by the » .d by the defendant onable and malicious prosecution wet ppys 2015 MALICIOUS PROSECUTION, TRESPASS & CONVERSION 4. Principle of trespass to property constitutes of- oor Lawbench (@ unjustifiable physical encroachment of one person's land (©) injury to an unborn child © awisance (d) indirect consequence Ans. (a) Action for trespass can be brought by a person- [WBJs 2018] (@) in possession who is also owner (b) in possession even if he/she is not owner © not in possession (@) Both (@) and (b) Ans. (d) [ACS 2016] ‘Trespass to land is a wrong- g (@ against ownership (&) against possession (© against both ownership and possession (@ None of the above Ans. (b) [ACS 2013] Which of the following is the remedy for the trespass ofland? @ Reentry (b) Action for ejectment © Action for mesne profit (@ Allof the above Ans. (8) [Acs 2013] ‘Scanned wih CamScanner