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Law of Torts MCQs Set-1
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Tort MCQs Set-1
Tort MCQs Set-2
Tort MCQs Set-3
1. The word “tort” is derived from which language?
a. Latin
b. French
c. Greek
d. German
2. The word “tort” means:
a. Agreement
b. Wrong
c. Duty
d. Compensation
3. Which of the following best defines tort?
a. A breach of contract
b. A civil wrong for which remedy is an action for unliquidated damages
c. A criminal offence
d. A moral wrong
4. According to Salmond, a tort is:
a. A civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively breach of contract or trust
b. A breach of duty fixed by parties
c. A criminal offence punishable by state
d. A violation of constitutional rights
5. Who defined tort as a civil wrong other than breach of contract?
a. Winfield
b. Salmond
c. Austin
d. Pollock
6. According to Winfield, tortious liability arises from:
a. Breach of contract
b. Breach of duty primarily fixed by law
c. Breach of trust
d. Criminal intention
7. Which jurist defined tort as “breach of duty primarily fixed by law”?
a. Salmond
b. Winfield
c. Austin
d. Holmes
8. In tort law, damages awarded are generally:
a. Liquidated damages
b. Unliquidated damages
c. Fixed compensation
d. Statutory damages
9. Tort law belongs to which branch of law?
a. Criminal law
b. Civil law
c. Constitutional law
d. Administrative law
10. Which of the following is an essential element of a tort?
a. Legal injury
b. Damages
c. Breach of duty
d. All of the above
11. The duty in tort is imposed by:
a. Agreement of parties
b. Law
c. Custom only
d. Constitution
12. The person who commits a tort is called:
a. Plaintiff
b. Tortfeasor
c. Defendant
d. Accused
13. The person who brings an action for tort is called:
a. Defendant
b. Plaintiff
c. Prosecutor
d. Tortfeasor
14. Tort law primarily aims at:
a. Punishment
b. Compensation
c. Imprisonment
d. Detention
15. Which of the following is not a tort?
a. Negligence
b. Defamation
c. Breach of contract
d. Nuisance
16. Which maxim means “no injury without damage”?
a. Injuria sine damno
b. Damnum sine injuria
c. Volenti non fit injuria
d. Actio personalis moritur cum persona
17. Which maxim means “injury without damage”?
a. Damnum sine injuria
b. Injuria sine damno
c. Res ipsa loquitur
d. Ubi jus ibi remedium
18. Which maxim means “where there is a right there is a remedy”?
a. Volenti non fit injuria
b. Res ipsa loquitur
c. Ubi jus ibi remedium
d. Actus non facit reum nisi mens sit rea
19. Which case established the principle of injuria sine damno?
a. Ashby v White
b. Donoghue v Stevenson
c. Rylands v Fletcher
d. Gloucester Grammar School Case
20. Which case is an example of damnum sine injuria?
a. Ashby v White
b. Gloucester Grammar School Case
c. Donoghue v Stevenson
d. Rylands v Fletcher
21. In Ashby v White, the plaintiff was prevented from:
a. Voting
b. Purchasing property
c. Entering a contract
d. Practising profession
22. Tort law protects which of the following interests?
a. Personal safety
b. Property
c. Reputation
d. All of the above
23. Which law is mainly concerned with compensation for civil wrongs?
a. Criminal law
b. Tort law
c. Contract law
d. Administrative law
24. Tort law developed mainly through:
a. Statutes
b. Judicial decisions
c. Parliamentary acts
d. Administrative orders
25. Tort law in India is mainly based on:
a. American law
b. English common law
c. French law
d. Roman law
26. The scope of tort law includes protection of:
a. Rights in rem
b. Rights in personam
c. Both
d. None
27. Tort law mainly protects:
a. Private rights
b. Public rights
c. Political rights
d. Religious rights
28. Which of the following is a remedy in tort law?
a. Damages
b. Injunction
c. Restitution
d. All of the above
29. Tort differs from crime because tort is:
a. A civil wrong
b. Punishable by imprisonment
c. An offence against state
d. Always intentional
30. Which of the following is not an objective of tort law?
a. Compensation
b. Protection of rights
c. Punishment of offenders like criminal law
d. Prevention of wrongful acts
31. The maxim Volenti non fit injuria means:
a. Injury caused by negligence
b. To a willing person, no injury is done
c. Liability without fault
d. Injury caused by mistake
32. Volenti non fit injuria is based on the principle of:
a. Strict liability
b. Consent of the plaintiff
c. Statutory authority
d. Negligence
33. The defence of volenti non fit injuria applies when:
a. Plaintiff voluntarily consents to risk
b. Defendant acts negligently
c. Plaintiff is unaware of risk
d. Defendant acts intentionally
34. The defence of consent will not apply when consent is obtained by:
a. Agreement
b. Fraud
c. Free will
d. Knowledge
35. The maxim “Ex turpi causa non oritur actio” is related to:
a. Plaintiff the wrongdoer
b. Necessity
c. Mistake
d. Act of God
36. The defence “Plaintiff the wrongdoer” means:
a. Plaintiff committed an illegal act
b. Defendant committed a crime
c. Plaintiff was negligent
d. Defendant acted under authority
37. The defence of inevitable accident means:
a. Accident that could not be prevented despite reasonable care
b. Accident caused intentionally
c. Accident caused due to negligence
d. Accident due to statutory authority
38. Inevitable accident is different from negligence because:
a. There is absence of reasonable care
b. There is presence of negligence
c. It occurs despite reasonable care
d. It involves intentional harm
39. Act of God refers to:
a. Natural forces beyond human control
b. Human negligence
c. Mistake of law
d. Statutory authority
40. Which of the following is an example of Act of God?
a. Earthquake
b. Assault
c. Trespass
d. Battery
41. Private defence is also known as:
a. Self defence
b. Public defence
c. Judicial defence
d. Official defence
42. The right of private defence can be exercised to protect:
a. Person and property
b. Reputation
c. Contract
d. Employment
43. Private defence cannot be used:
a. To protect property
b. To protect life
c. As retaliation after danger is over
d. Against unlawful aggression
44. Mistake as a defence in tort:
a. Always excuses liability
b. Is generally not a defence
c. Completely bars liability
d. Always reduces damages
45. Mistake of fact in tort law:
a. Is always a defence
b. Is never a defence
c. May sometimes be relevant
d. Is equivalent to consent
46. The defence of necessity applies when:
a. An act is done to prevent greater harm
b. An act is done intentionally
c. An act is done negligently
d. An act is done illegally
47. Necessity as a defence is based on the maxim:
a. Salus populi suprema lex
b. Actus non facit reum nisi mens sit rea
c. Res ipsa loquitur
d. Damnum sine injuria
48. Necessity may be classified into:
a. Public necessity and private necessity
b. Legal necessity and illegal necessity
c. Moral necessity and legal necessity
d. Criminal necessity and civil necessity
49. Statutory authority as a defence means:
a. Act done under authority of statute
b. Act done under court order
c. Act done under mistake
d. Act done under contract
50. When an act is authorized by statute:
a. It cannot be a tort if done properly
b. It always becomes negligence
c. It becomes strict liability
d. It becomes criminal liability
51. Slight harm defence is based on the maxim:
a. De minimis non curat lex
b. Actus reus
c. Res judicata
d. Mens rea
52. De minimis non curat lex means:
a. Law does not concern itself with trifles
b. Law punishes every harm
c. Law prevents negligence
d. Law protects contracts
53. Slight harm defence applies when:
a. Harm is trivial
b. Harm is serious
c. Harm is intentional
d. Harm is criminal
54. Volenti non fit injuria will not apply where:
a. Consent is free
b. Consent is informed
c. Consent is obtained by fraud
d. Risk is known
55. A spectator injured during a sports match may be barred from recovery due to:
a. Volenti non fit injuria
b. Necessity
c. Statutory authority
d. Mistake
56. The defence of inevitable accident is applicable when:
a. There is negligence
b. There is unavoidable accident despite care
c. There is intentional harm
d. There is statutory authority
57. Flood caused by extraordinary rainfall is an example of:
a. Act of God
b. Negligence
c. Battery
d. Trespass
58. Private defence must be:
a. Proportionate
b. Excessive
c. Unlimited
d. Arbitrary
59. If a railway company causes nuisance while exercising statutory power, it:
a. May claim statutory authority
b. Is always liable
c. Cannot defend itself
d. Must compensate automatically
60. The defence of necessity justifies:
a. Lesser harm to avoid greater harm
b. All types of harm
c. Criminal acts
d. Intentional torts always
61. Negligence in tort law refers to:
a. Intentional wrongdoing
b. Breach of legal duty to take care
c. Criminal act
d. Contract breach
62. According to Winfield, negligence is:
a. Intentional harm
b. Breach of duty causing damage
c. Absolute liability
d. Strict liability
63. Negligence becomes actionable when:
a. There is duty only
b. There is damage only
c. Duty, breach, and damage exist
d. Defendant admits fault
64. The most important element of negligence is:
a. Duty of care
b. Consent
c. Contract
d. Ownership
65. The concept of duty of care was famously established in:
a. Rylands v Fletcher
b. Donoghue v Stevenson
c. Ashby v White
d. Gloucester Grammar School Case
66. In Donoghue v Stevenson, the plaintiff found:
a. A stone in bottle
b. A dead rat
c. A decomposed snail
d. Broken glass
67. The neighbour principle was laid down by:
a. Lord Denning
b. Lord Atkin
c. Lord Macmillan
d. Lord Wright
68. According to the neighbour principle, we must take reasonable care to avoid acts likely to injure:
a. Anyone
b. Our neighbours
c. Government
d. Property owners
69. Who is considered a neighbour in negligence law?
a. Anyone living nearby
b. Persons closely and directly affected by one's act
c. Family members only
d. Co-workers only
70. The three essential elements of negligence are:
a. Duty, breach, damage
b. Duty, contract, damage
c. Breach, intention, damage
d. Duty, intention, liability
71. Breach of duty means:
a. Failure to perform legal duty
b. Breaking a contract
c. Refusing consent
d. Criminal conduct
72. Damage in negligence must be:
a. Remote
b. Hypothetical
c. Actual
d. Intentional
73. The standard of care in negligence is that of:
a. A reasonable person
b. A perfect person
c. A judge
d. A lawyer
74. The reasonable person standard was explained in:
a. Blyth v Birmingham Waterworks Co.
b. Donoghue v Stevenson
c. Rylands v Fletcher
d. Ashby v White
75. In Blyth v Birmingham Waterworks Co., negligence was defined as:
a. Breach of contract
b. Failure to do what a reasonable person would do
c. Intentional harm
d. Criminal act
76. Res ipsa loquitur means:
a. Act of God
b. The thing speaks for itself
c. Burden of proof
d. Natural justice
77. The doctrine of res ipsa loquitur shifts:
a. Liability to plaintiff
b. Burden of proof to defendant
c. Burden to court
d. Criminal liability
78. Res ipsa loquitur applies when:
a. Plaintiff proves negligence fully
b. Accident itself suggests negligence
c. Defendant confesses
d. Contract exists
79. Which case is famous for res ipsa loquitur?
a. Byrne v Boadle
b. Donoghue v Stevenson
c. Ashby v White
d. Rylands v Fletcher
80. In Byrne v Boadle, the injury was caused by:
a. Falling barrel of flour
b. Broken bottle
c. Gas explosion
d. Falling ladder
81. Proof of negligence generally lies on:
a. Defendant
b. Plaintiff
c. Court
d. Government
82. Contributory negligence means:
a. Defendant alone negligent
b. Plaintiff also negligent
c. Judge negligent
d. No negligence
83. The defence of contributory negligence reduces:
a. Criminal liability
b. Civil damages
c. Ownership
d. Contract liability
84. Composite negligence involves:
a. One defendant
b. Multiple defendants
c. Plaintiff alone
d. Judge
85. Professional negligence arises when:
a. Professional fails to exercise proper skill
b. Contract is broken
c. Law is violated
d. Property damaged
86. Doctors are judged by:
a. Ordinary person standard
b. Professional skill standard
c. Criminal law
d. Strict liability
87. The test for medical negligence is known as:
a. Donoghue test
b. Bolam test
c. Rylands test
d. Ashby test
88. The Bolam test was laid down in:
a. Bolam v Friern Hospital Management Committee
b. Donoghue v Stevenson
c. Byrne v Boadle
d. Rylands v Fletcher
89. According to the Bolam test, a doctor is not negligent if:
a. He follows accepted medical practice
b. Patient suffers injury
c. Patient complains
d. Surgery fails
90. Which Indian case applied the Bolam test?
a. Jacob Mathew v State of Punjab
b. Maneka Gandhi v Union of India
c. MC Mehta v Union of India
d. Kesavananda Bharati v State of Kerala
91. Professional negligence may arise in:
a. Doctors
b. Lawyers
c. Engineers
d. All of the above
92. The burden of proof in negligence initially lies on:
a. Defendant
b. Plaintiff
c. Police
d. Court
93. A breach of duty occurs when:
a. Defendant acts reasonably
b. Defendant fails to meet required standard of care
c. Plaintiff acts negligently
d. Contract exists
94. Damage without negligence is called:
a. Damnum sine injuria
b. Injuria sine damno
c. Mens rea
d. Actus reus
95. Legal injury without actual damage is called:
a. Damnum sine injuria
b. Injuria sine damno
c. Strict liability
d. Absolute liability
96. The defence of inevitable accident may be used in:
a. Negligence cases
b. Contract cases
c. Criminal law only
d. Constitutional law
97. The doctrine of res ipsa loquitur is a rule of:
a. Evidence
b. Contract
c. Criminal law
d. Property law
98. The case Donoghue v Stevenson was decided in:
a. 1932
b. 1920
c. 1945
d. 1950
99. Professional negligence may lead to:
a. Civil liability
b. Criminal liability
c. Disciplinary action
d. All of the above
100. The primary purpose of tort law in negligence is:
a. Punishment
b. Compensation
c. Imprisonment
d. Deterrence only
101. Nervous shock in tort law refers to:
a. Physical injury only
b. Mental or psychiatric injury caused by shock
c. Damage to property
d. Criminal injury
102. Nervous shock is a type of:
a. Physical damage
b. Psychiatric damage
c. Contractual damage
d. Economic loss
103. Nervous shock must generally result from:
a. Direct emotional distress
b. Sudden sensory perception
c. Contract breach
d. Financial loss
104. Nervous shock is recognized as:
a. Tortious liability
b. Criminal liability
c. Contractual liability
d. Constitutional liability
105. Earlier courts denied claims for nervous shock mainly due to:
a. Lack of evidence
b. Fear of fraudulent claims
c. Lack of statutes
d. Lack of judges
106. A claim for nervous shock generally requires:
a. Recognized psychiatric illness
b. Mere grief or sorrow
c. Temporary sadness
d. Emotional discomfort
107. Nervous shock must usually arise from:
a. Direct perception of accident
b. Hearing about an accident later
c. Newspaper reports
d. Rumours
108. The test of liability in nervous shock cases is based on:
a. Reasonable foreseeability
b. Strict liability
c. Absolute liability
d. Statutory authority
109. Reasonable foreseeability means:
a. Damage that could reasonably be predicted
b. Damage that is imaginary
c. Damage caused intentionally
d. Damage caused by God
110. The concept of foreseeability was emphasized in:
a. Donoghue v Stevenson
b. Wagon Mound Case
c. Rylands v Fletcher
d. Ashby v White
111. In nervous shock cases, courts distinguish between:
a. Primary and secondary victims
b. Plaintiff and defendant
c. Owner and occupier
d. State and citizen
112. A primary victim is:
a. Person directly involved in accident
b. Person hearing about accident
c. Journalist
d. Police officer
113. A secondary victim is:
a. Person indirectly affected
b. Driver causing accident
c. Judge
d. Doctor
114. The landmark case recognizing nervous shock is:
a. Dulieu v White
b. Donoghue v Stevenson
c. Ashby v White
d. Rylands v Fletcher
115. In Dulieu v White, nervous shock was caused by:
a. Motor accident
b. Horse carriage crashing into pub
c. Train collision
d. Fire accident
116. In Dulieu v White, the plaintiff suffered shock due to:
a. Fear for her own safety
b. Damage to property
c. Loss of money
d. Injury to stranger
117. The case Hambrook v Stokes Bros expanded liability for:
a. Shock due to fear for children
b. Shock due to property damage
c. Contract breach
d. Professional negligence
118. In Hambrook v Stokes Bros, the plaintiff suffered shock after:
a. Hearing about accident
b. Seeing runaway truck near her children
c. Newspaper report
d. Court judgment
119. The case Bourhill v Young restricted liability for:
a. Nervous shock claims
b. Contract law
c. Criminal law
d. Property law
120. In Bourhill v Young, the plaintiff was:
a. Pedestrian
b. Pregnant fish seller
c. Doctor
d. Driver
121. The court denied liability in Bourhill v Young because:
a. Plaintiff was not within range of foreseeable harm
b. Defendant was innocent
c. Plaintiff admitted fault
d. No accident occurred
122. A key requirement for nervous shock claims is:
a. Close relationship with victim
b. Ownership of property
c. Contract with defendant
d. Government permission
123. Nervous shock must be caused by:
a. Gradual stress
b. Sudden shock
c. Financial loss
d. Contract breach
124. Psychiatric injury without physical impact may be:
a. Compensable
b. Always rejected
c. Criminal offence
d. Contract breach
125. The case McLoughlin v O’Brian allowed recovery for:
a. Shock after seeing injured family members
b. Property loss
c. Economic loss
d. Contract breach
126. In McLoughlin v O’Brian, the plaintiff saw her injured family at:
a. Court
b. Accident site
c. Hospital
d. Police station
127. The House of Lords recognized nervous shock in McLoughlin v O’Brian because:
a. Shock occurred soon after accident
b. Contract existed
c. Defendant admitted liability
d. Plaintiff was negligent
128. In nervous shock cases, courts often consider:
a. Proximity of relationship
b. Proximity in time
c. Proximity in space
d. All of the above
129. Close relationship requirement usually includes:
a. Parent and child
b. Husband and wife
c. Close relatives
d. All of the above
130. Nervous shock claims are usually rejected when:
a. hock results from hearing news later
b. Plaintiff is present at accident
c. Injury is foreseeable
d. Defendant negligent
131. Remoteness of damage refers to:
a. Liability for all consequences
b. Limitation of liability for distant consequences
c. Criminal responsibility
d. Contractual breach
132. The doctrine of remoteness of damage limits:
a. Criminal liability
b. Tortious liability
c. Constitutional rights
d. Contract law
133. Remoteness of damage mainly arises in cases of:
a. Assault
b. Negligence
c. Defamation
d. Trespass
134. The doctrine of remoteness determines:
a. Whether duty exists
b. Whether breach exists
c. Whether damage is too remote to be compensated
d. Whether contract exists
135. A defendant is liable only for:
a. All possible damages
b. Reasonably foreseeable damages
c. Any damage claimed
d. Criminal damage
136. The first test of remoteness was established in:
a. Re Polemis Case
b. Donoghue v Stevenson
c. Rylands v Fletcher
d. Ashby v White
137. Re Polemis case established the rule of:
a. Reasonable foreseeability
b. Direct consequence
c. Absolute liability
d. Strict liability
138. According to Re Polemis, a defendant is liable for:
a. Foreseeable damages only
b. Direct consequences of his act
c. Contractual losses
d. Intentional damages
139. The case which replaced the direct consequence test is:
a. The Wagon Mound Case
b. Donoghue v Stevenson
c. Ashby v White
d. Blyth v Birmingham
140. The Wagon Mound case introduced the test of:
a. Direct consequences
b. Reasonable foreseeability
c. Absolute liability
d. Strict liability
141. The Wagon Mound case is also known as:
a. Overseas Tankship v Morts Dock
b. Hambrook v Stokes
c. Bourhill v Young
d. Bolam v Friern Hospital
142. According to the Wagon Mound rule, liability arises for:
a. Direct consequences
b. Foreseeable consequences
c. Criminal consequences
d. Accidental losses
143. If damage is not reasonably foreseeable, it is considered:
a. Remote damage
b. Direct damage
c. Intended damage
d. Legal damage
144. Remote damage means:
a. Damage too far connected with defendant’s act
b. Immediate damage
c. Contractual damage
d. Criminal injury
145. In negligence, liability arises only for:
a. Direct damages
b. Foreseeable damages
c. Contractual damages
d. Intentional damages
146. The doctrine of remoteness acts as:
a. Defence
b. Limitation of liability
c. Criminal punishment
d. Contractual rule
147. In Re Polemis case, the damage caused was:
a. ire on ship
b. Explosion on ship
c. Car accident
d. Bridge collapse
148. In Re Polemis case, the explosion occurred due to:
a. Oil spill
b. Falling plank
c. Electric spark
d. Lightning
149. In Wagon Mound case, the damage was caused by:
a. Oil spilling on water
b. Falling tree
c. Broken bridge
d. Fire from explosion
150. The court in Wagon Mound rejected:
a. Direct consequence test
b. Foreseeability test
c. Strict liability
d. Absolute liability
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