LAW OF TORTS
1. The foreseeability test asks whether:
a. Damage was intentional
b. Damage could reasonably be anticipated
c. Damage was criminal
d. Damage was contractual
2. If a type of damage is foreseeable but the extent is greater than expected:
a. Defendant is liable
b. Defendant is not liable
c. Court ignores damage
d. Criminal case arises
3. The doctrine of remoteness ensures:
a. Unlimited liability
b. Fair limitation of liability
c. Criminal punishment
d. Contractual enforcement
4. Intended consequences are:
a. Consequences intended by defendant
b. Accidental consequences
c. Remote consequences
d. Contractual damages
5. If harm is intentionally caused:
a. Remoteness may not apply strictly
b. Defendant escapes liability
c. Court ignores injury
d. Plaintiff loses case
6. Damage is considered too remote when:
a. It is directly caused
b. It is reasonably foreseeable
c. It is not foreseeable
d. It is intentional
7. The concept of remoteness helps courts determine:
a. Scope of damages recoverable
b. Criminal punishment
c. Ownership rights
d. Constitutional validity
8. The Wagon Mound case was decided in:
a.1961
b. 1932
c. 1920
d. 1945
9. Remoteness of damage mainly deals with:
a. Causation and foreseeability
b. Contract formation
c. Property ownership
d. Criminal intent
10. The doctrine ensures that defendants are liable only for:
a. All damages
b. Direct damages only
c. Foreseeable damages
d. Criminal damages
11. No-fault liability means:
a. Liability without proof of negligence
b. Liability based on intention
c. Liability based on contract
d. Criminal liability
12. The rule of strict liability was laid down in:
a. Donoghue v Stevenson
b. Rylands v Fletcher
c. Ashby v White
d. Blyth v Birmingham
13. The case Rylands v Fletcher was decided in:
a. 1868
b. 1932
c. 1950
d. 1905
14. In Rylands v Fletcher, the defendant constructed:
a. A reservoir
b. A bridge
c. A railway line
d. A dam
15. The reservoir water escaped and flooded:
a. Public road
b. Plaintiff’s coal mine
c. Railway track
d. Farm land
16. The rule in Rylands v Fletcher imposes:
a. Absolute liability
b. Strict liability
c. Criminal liability
d. Constitutional liability
17. Strict liability arises when:
a. Dangerous thing escapes from defendant’s land
b. Contract is breached
c. Crime is committed
d. Intention exists
18. One essential of strict liability is:
a. Escape of dangerous substance
b. Contract
c. Consent
d. Criminal intent
19. Another essential requirement of Rylands rule is:
a. Non-natural use of land
b. Natural use of land
c. Ownership of land
d. Contractual use
20. “Escape” in Rylands rule means:
a. Movement of substance outside defendant’s control
b. Movement within property
c. Transfer by contract
d. Intentional damage
21. If there is no escape, then:
a. Rylands rule does not apply
b. Strict liability applies
c. Criminal law applies
d. Contract law applies
22. Non-natural use of land means:
a. Unusual and dangerous use of land
b. Ordinary domestic use
c. Agricultural use
d. Residential use
23. Ordinary domestic use of water storage is considered:
a. Non-natural use
b. Natural use
c. Illegal use
d. Contractual use
24. One defence to strict liability is:
a. Act of God
b. Negligence
c. Intention
d. Criminal act
25. Another defence to strict liability is:
a. Plaintiff’s consent
b. Criminal law
c. Contract
d. Ownership
26. Default of plaintiff is also a defence under:
a. Strict liability
b. Absolute liability
c. Criminal liability
d. Constitutional law
27. Act of third party may also be a defence under:
a. Strict liability
b. Absolute liability
c. Contract law
d. Criminal law
28. Statutory authority can be a defence in:
a. Strict liability
b. Absolute liability
c. Criminal liability
d. Contract law
29. The rule of Rylands v Fletcher was applied in India in:
a. Rylands v Fletcher
b. M.C. Mehta v Union of India
c. State of Rajasthan v Vidyawati
d. Kasturi Lal case
30. Absolute liability was developed in India in:
a. M.C. Mehta v Union of India
b. Donoghue v Stevenson
c. Ashby v White
d. Blyth v Birmingham
31. The M.C. Mehta case is related to:
a. Oleum gas leak
b. Oil spill
c. Mine accident
d. Railway accident
32. Absolute liability applies to:
a. Hazardous industries
b. Domestic activities
c. Agricultural work
d. Personal contracts
33. Under absolute liability:
a. No defences are allowed
b. Few defences allowed
c. All defences allowed
d. Criminal defence applies
34. Absolute liability is:
a. Stricter than strict liability
b. Same as strict liability
c. Weaker than strict liability
d. Contractual liability
35. The Supreme Court developed absolute liability to:
a. Protect environment and public safety
b. Reduce liability
c. Promote industries
d. Limit compensation
36. In M.C. Mehta case, the court held that industries engaged in hazardous activities have:
a. Absolute duty to ensure safety
b. Limited duty
c. No duty
d. Contractual duty
37. Compensation under absolute liability depends on:
a. Magnitude of enterprise
b. Contract value
c. Property value
d. Criminal punishment
38. The Public Liability Insurance Act was enacted in:
a. 1991
b. 1985
c. 1975
d. 2000
39. The Public Liability Insurance Act provides:
a. Immediate relief to victims of accidents
b. Criminal punishment
c. Property rights
d. Contractual damages
40. The Act applies to industries handling:
a. Hazardous substances
b. Agricultural goods
c. Domestic products
d. Food items
41. The objective of Public Liability Insurance Act is:
a. Provide speedy compensation
b. Promote trade
c. Increase taxes
d. Protect contracts
42. Under the Public Liability Insurance Act, the owner must:
a. Take insurance policy
b. Obtain court order
c. File criminal case
d. Seek government permission
43. The liability under Public Liability Insurance Act is based on:
a. No fault principle
b. Criminal liability
c. Contract law
d. Constitutional law
44. The rule of strict liability allows:
a. Certain defences
b. No defences
c. Criminal punishment
d. Contract enforcement
45. Absolute liability allows:
a. No defences
b. Limited defences
c. All defences
d. Criminal defence
46. Strict liability originated in:
a. England
b. India
c. USA
d. France
47. Absolute liability originated in:
a. England
b. India
c. USA
d. Germany
48. The rule in Rylands v Fletcher mainly deals with:
a. Escape of dangerous substances
b. Contract breach
c. Criminal offence
d. Defamation
49. Absolute liability applies particularly to:
a. Hazardous industries
b. Domestic houses
c. Shops
d. Farms
50. The main difference between strict and absolute liability is:
a. Availability of defences
b. Ownership of land
c. Criminal liability
d. Contract formation
51. Vicarious liability means:
a. Liability for one's own wrong
b. Liability for another person's wrong
c. Criminal liability
d. Contractual liability
52. Vicarious liability generally arises in the relationship of:
a. Employer and employee
b. Husband and wife
c. Teacher and student
d. Buyer and seller
53. The maxim “Respondeat Superior” means:
a. Let the master answer
b. Let the plaintiff answer
c. Let the court decide
d. Let the servant decide
54. The maxim “Qui facit per alium facit per se” means:
a. He who acts through another acts himself
b. No injury without damage
c. Law does not concern trifles
d. Act of God
55. The doctrine of vicarious liability is based on:
a. Social convenience
b. Control of employer over employee
c. Risk distribution
d. All of the above
56. Vicarious liability arises when a wrongful act is committed:
a. Outside employment
b. During course of employment
c. After employment ends
d. Before employment begins
57. The expression “course of employment” means:
a. Act authorized by employer
b. Act connected with employment
c. Both (a) and (b)
d. Criminal act
58. If a servant commits a tort during employment:
a. Master may be liable
b. Master is never liable
c. Court is liable
d. Government is liable
59. The employer is liable for acts done:
a. In course of employment
b. Outside employment
c. Personal acts
d. Independent acts
60. An act outside the scope of employment is called:
a. Authorized act
b. Frolic of servant
c. Negligence
d. Strict liability
61. If a servant commits a tort while on a “frolic of his own”:
a. Employer is liable
b. Employer is not liable
c. State is liable
d. Court is liable
62. The test used to determine employment relationship is:
a. Control test
b. Ownership test
c. Property test
d. Criminal test
63. Special relationships giving rise to vicarious liability include:
a. Master and servant
b. Principal and agent
c. Partners
d. All of the above
64. A principal may be liable for acts of:
a. Agent
b. Employee
c. Contractor
d. Judge
65. Partners are liable for torts committed by:
a. Employees only
b. Other partners during business
c. Judges
d. Customers
66. The liability of master for servant’s acts is called:
a. Direct liability
b. Vicarious liability
c. Criminal liability
d. Contractual liability
67. The doctrine of vicarious liability is mainly based on:
a. Employer’s control
b. Ownership
c. Property rights
d. Criminal law
68. State liability refers to liability of:
a. Government
b. Individuals
c. Companies
d. Corporations
69. In India, state liability in tort was discussed in:
a. P & O Steam Navigation Co v Secretary of State
b. Donoghue v Stevenson
c. Rylands v Fletcher
d. Ashby v White
70. In P & O Steam Navigation case, the government was held:
a. Liable
b. Not liable
c. Criminally liable
d. Absolutely liable
71. Sovereign immunity means:
a. State cannot be sued
b. State always liable
c. State liable for all acts
d. State liable for criminal acts
72. Sovereign functions include:
a. Defence
b. Law and order
c. Administration of justice
d. All of the above
73. In Kasturi Lal v State of UP, the court held:
a. State liable
b. State not liable due to sovereign immunity
c. Plaintiff liable
d. Police liable personally
74. The Kasturi Lal case involved:
a. Police negligence
b. Railway accident
c. Hospital negligence
d. Industrial accident
75. In State of Rajasthan v Vidyawati, the court held:
a. State liable
b. State immune
c. No liability
d. Criminal liability
76. The Vidyawati case involved negligence of:
a. Government driver
b. Judge
c. Minister
d. Contractor
77. Modern trend in law is:
a. Expanding state liability
b. Expanding immunity
c. Eliminating tort law
d. Removing compensation
78. Vicarious liability helps ensure:
a. Compensation to victims
b. Criminal punishment
c. Property rights
d. Contract formation
79. The employer is liable for acts:
a. Authorized by employer
b. Unauthorized but connected with employment
c. Both (a) and (b)
d. Criminal acts only
80. Vicarious liability is an example of:
a. No-fault liability
b. Liability without personal fault
c. Criminal liability
d. Contractual liability
81. Defamation means:
a. Injury to property
b. Injury to reputation
c. Injury to person
d. Injury to contract
82. Defamation in written form is called:
a. Libel
b. Slander
c. Negligence
d. Trespass
83. Defamation in spoken form is called:
a. Libel
b. Slander
c. Battery
d. Assault
84. Libel is generally:
a. Temporary
b. Permanent form of defamation
c. Oral statement
d. Criminal offence only
85. Slander is generally:
a. Written defamation
b. Spoken defamation
c. Permanent publication
d. Printed statement
86. One essential element of defamation is:
a. False statement
b. Breach of contract
c. Criminal intent
d. Property damage
87. Another essential of defamation is:
a. Publication of statement
b. Payment of damages
c. Court order
d. Government approval
88. Publication in defamation means:
a. Writing a statement
b. Communicating statement to third person
c. Speaking privately
d. Court proceedings
89. If a defamatory statement is communicated only to the plaintiff:
a. It amounts to defamation
b. It does not amount to defamation
c. It becomes criminal law
d. It becomes negligence
90. The statement must refer to:
a. Society generally
b. Specific person or group
c. Property only
d. Government only
91. If a person’s reputation is lowered in society due to a statement, it is:
a. Defamation
b. Trespass
c. Assault
d. Negligence
92. Libel is actionable:
a. Per se
b. Only with proof of damage
c. Only in criminal law
d. Only by contract
93. Slander generally requires:
a. Proof of special damage
b. Written publication
c. Court order
d. Criminal action
94. Which of the following is an exception where slander is actionable per se?
a. Imputation of crime
b. Imputation of disease
c. Imputation affecting profession
d. All of the above
95. Truth is a defence in defamation known as:
a. Justification
b. Necessity
c. Mistake
d. Consent
96. If the defendant proves the statement is true:
a. He is liable
b. He is not liable
c. Plaintiff wins automatically
d. Criminal case arises
97. Fair comment defence applies to:
a. Facts
b. Opinions on matters of public interest
c. Contracts
d. Property rights
98. For fair comment defence, the comment must be:
a. Honest opinion
b. Malicious statement
c. False statement
d. Secret communication
99. Privilege as a defence means:
a. Protection for certain statements made in special circumstances
b. Criminal protection
c. Property protection
d. Contractual protection
100. Absolute privilege applies to:
a. Parliamentary proceedings
b. Judicial proceedings
c. Statements by judges
d. All of the above
101. Qualified privilege applies when:
a. Statement made with duty or interest
b. Statement made with malice
c. Statement written privately
d. Statement published secretly
102. Qualified privilege can be defeated by:
a. Truth
b. Malice
c. Contract
d. Negligence
103. Burden of proof in defamation lies on:
a. Defendant
b. Plaintiff
c. Judge
d. Government
104. If defendant pleads truth as defence, burden shifts to:
a. Defendant
b. Plaintiff
c. Court
d. Government
105. One remedy for defamation is:
a. Damages
b. Compensation
c. Injunction
d. All of the above
106. Damages in defamation aim to:
a. Restore reputation
b. Punish plaintiff
c. End contract
d. Create liability
107. Injunction in defamation means:
a. Court order restraining publication
b. Criminal punishment
c. Property seizure
d. Contract enforcement
108. Apology may be given by defendant to:
a. Admit guilt
b. Reduce damages
c. Avoid liability
d. End contract
109. Apology in defamation may:
a. Mitigate damages
b. Increase damages
c. Remove liability automatically
d. Create criminal case
110. The primary objective of defamation law is:
a. Protect reputation
b. Protect property
c. Protect contracts
d. Protect trade
111. Nuisance in tort law refers to:
a. Interference with enjoyment of land
b. Breach of contract
c. Criminal offence
d. Assault
112. Nuisance is primarily concerned with:
a. Protection of reputation
b. Protection of property rights
c. Protection of contracts
d. Criminal liability
113. The two main kinds of nuisance are:
a. Public and Private
b. Civil and Criminal
c. Personal and Property
d. Legal and Illegal
114. Public nuisance affects:
a. A specific individual
b. A section of the public
c. Family members
d. Property owners only
115. Public nuisance is defined under:
a. IPC Section 268
b. IPC Section 300
c. IPC Section 420
d. IPC Section 500
116. Public nuisance generally:
a. Affects the public at large
b. Affects one individual only
c. Is contractual
d. Is criminal only
117. An example of public nuisance is:
a. Obstruction of public road
b. Noise in private house
c. Trespass to land
d. Breach of contract
118. Private nuisance affects:
a. Public generally
b. Individual or limited group
c. Government
d. Courts
119. Private nuisance is interference with:
a. Personal liberty
b. Use or enjoyment of land
c. Contractual rights
d. Criminal law
120. For private nuisance, the plaintiff must have:
a. Possessory interest in land
b. Ownership of company
c. Government permission
d. Contractual rights
121. Private nuisance includes interference with:
a. Comfort
b. Health
c. Convenience
d. All of the above
122. Noise pollution may amount to:
a. Assault
b. Nuisance
c. Battery
d. Negligence
123. Smoke or foul smell affecting neighbour may be:
a. Trespass
b. Nuisance
c. Assault
d. Contract breach
124. In nuisance, damage may be:
a. Physical damage to property
b. Discomfort or inconvenience
c. Health hazards
d. All of the above
125. Trivial inconvenience usually:
a. Constitutes nuisance
b. Does not constitute nuisance
c. Is criminal offence
d. Creates strict liability
126. The defence of prescription means:
a. Long continuous use for 20 years
b. Court order
c. Government permission
d. Criminal law
127. Statutory authority is a defence when:
a. Act is authorized by statute
b. Act is negligent
c. Contract exists
d. Court orders damage
128. Consent of plaintiff may act as:
a. Defence to nuisance
b. Criminal offence
c. Contractual obligation
d. Strict liability
129. Act of God may be a defence to:
a. Nuisance
b. Contract
c. Criminal offence
d. Defamation
130. If the plaintiff comes to nuisance area later, the defence is called:
a. Volenti non fit injuria
b. Coming to nuisance
c. Res ipsa loquitur
d. Absolute liability
131. Traditionally, “coming to nuisance”:
a. Always a defence
b. Not a valid defence
c. Criminal offence
d. Contract rule
132. Remedy for nuisance includes:
a. Damages
b. Injunction
c. Abatement
d. All of the above
133. Injunction in nuisance means:
a. Court order restraining nuisance
b. Criminal punishment
c. Property transfer
d. Contract enforcement
134. Abatement means:
a. Self-help removal of nuisance
b. Criminal punishment
c. Court judgment
d. Contract termination
135. Damages in nuisance compensate for:
a. Loss suffered by plaintiff
b. Criminal punishment
c. Property sale
d. Government loss
136. The tort of nuisance protects:
a. Right to reputation
b. Right to enjoyment of land
c. Right to contract
d. Right to vote
137. If interference is unreasonable and substantial, it becomes:
a. Trespass
b. Nuisance
c. Defamation
d. Negligence
138. Public nuisance may be filed by:
a. Individual without special damage
b. Government
c. Anyone without permission
d. Police only
139. A private person may sue for public nuisance if:
a. He suffers special damage
b. Government allows
c. Court orders
d. Contract exists
140. The main purpose of nuisance law is:
a. Protect property enjoyment
b. Protect criminal law
c.Protect contracts
d. Protect trade
141. Contributory negligence occurs when:
a. Defendant alone is negligent
b. Plaintiff also contributes to his own injury
c. Court commits error
d. Government causes harm
142. Contributory negligence is a defence used in:
a. Contract law
b. Criminal law
c. Negligence cases
d. Constitutional law
143. Under traditional contributory negligence rule:
a. Plaintiff recovers full damages
b. Plaintiff recovers partial damages
c. Plaintiff recovers nothing
d. Defendant recovers damages
144. Contributory negligence implies:
a. Fault of defendant only
b. Fault of plaintiff only
c. Fault of both plaintiff and defendant
d. Fault of court
145. The doctrine of contributory negligence developed in:
a. England
b. India
c. USA
d. France
146. The Last Opportunity Rule is also known as:
a. Last Clear Chance Rule
b. Final Decision Rule
c. Direct Consequence Rule
d. Absolute Liability Rule
147. According to the Last Opportunity Rule:
a. Plaintiff always loses
b. Defendant liable if he had last chance to avoid accident
c. Court decides randomly
d. Plaintiff always wins
148. The Last Clear Chance Rule developed to:
a. Reduce harshness of contributory negligence
b. Increase punishment
c. Protect defendants
d. Eliminate negligence law
149. If defendant had the final opportunity to avoid harm:
a. Plaintiff is barred from recovery
b. Defendant is liable
c. Court dismisses case
d. No negligence exists
150. Comparative negligence allows:
a. No compensation
b. Full compensation
c. Apportionment of damages according to fault
d. Criminal punishment