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Law of Tort - 2

Description: Torts Test-2
Number of Questions: 15
Created by:
Tags: Torts Test-2 Law of Torts
Attempted 0/15 Correct 0 Score 0

A unlawfully locks B in a room. B has a duplicate key in his pocket by which he can open the door from the inside and come out. But, B forgets about the key and as a result, remains locked for two hours. B then remembers that he has a duplicate key and opens the door and comes out. A is

  1. liable for false imprisonment because he acted unlawfully

  2. not liable for false imprisonment because B had a duplicate key by which he could have opened the door and come out

  3. liable for false imprisonment because B had forgotten that he had a duplicate key

  4. not liable because B’s forgetfulness was responsible for B remaining in the room

  5. Either 2 or 4


Correct Option: A
Explanation:

Option (1) is correct: A is liable as he may not know that B has a duplicate key in his possession.

Option (2) is incorrect: A is liable for his act.

Option (3) is incorrect: A is liable for his act. B’s forgetfulness can never be an attack to A. Option (4) is incorrect: A is liable for his act. B’s forgetfulness can never be an attack to A.

Malicious prosecution is a tort against

  1. police excesses

  2. damaging the dignity of a person

  3. abuse of legal procedure

  4. violation of personal liberty

  5. All of the above


Correct Option: C
Explanation:

Option (1) is incorrect: It is not against the police excesses. Option (2) is incorrect: It is not against damaging the dignity of a person.

Option (3) is correct: Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. Option (4) is incorrect: It is not against the violation of personal liberty.

Which of the following is not a valid defence in tort?

  1. Volenti non fit injuria

  2. Vis major

  3. Scienti non fit injuria

  4. Consent

  5. None of above


Correct Option: C
Explanation:

Option (3) is correct: Scienti non fit injuria, which means that only knowledge of the risk is not enough to claim defence, there must be acceptance to undergo the results of the risk undertaken. There had to be consent and mere knowledge is not sufficient.

A private action lies in public nuisance when the damage caused is

  1. direct

  2. substantial

  3. consequential

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

Option (2) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

Option (3) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential. Option (4) is correct: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

 

The liability of a master for acts of his servant in law of torts is called

  1. absolute liability

  2. tortuous liability

  3. vicarious liability

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Absolute liability is a standard of legal liability. Option (2) is incorrect: Tortuous liability arises from the breach of a duty primarily fixed by law. Option (3) is correct: The liability of a master for acts of his servant in law of torts is called vicarious liability.

The defence of 'volenti non fit injuria' is not available if the consent is obtained by

  1. compulsion

  2. fraud

  3. under a mistake

  4. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake. Option (2) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake. Option (3) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake. Option (4) is correct: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake.  

Easement is a right in

  1. rem

  2. personam

  3. rem, in general, but in personam, in exceptional cases

  4. Neither (1) nor (2)


Correct Option: A
Explanation:

Option (1) is correct: Easement is a right in rem. It means right against the whole world.

Option (2) is incorrect: Easement is not a right in personam.

Option (3) is incorrect: No such provision. Option (4) is incorrect: Only (1) is correct.

 

Damages awarded for tortuous liabilities are

  1. liquidated

  2. unliquidated

  3. penal

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Damages awarded for tortuous liabilities are not liquidated. Option (2) is correct: Damages awarded for tortuous liabilities are unliquidated, i.e. not decided before. Option (3) is incorrect: Damages awarded for tortuous liabilities are not penal.

Which of the following is not an essential element of a tort of malicious prosecution?

  1. Damage caused to the plaintiff

  2. Absence of reasonable and probable cause

  3. Termination of the case in favour of the plaintiff

  4. Prosecution of the defendant by the plaintiff


Correct Option: D
Explanation:

Option (1) is incorrect: Damage caused to the plaintiff is an essential element of the tort of malicious prosecution.

Option (2) is incorrect: Absence of reasonable and probable cause is an essential element of the tort of malicious prosecution.

Option (3) is incorrect: Termination of the case in favour of the plaintiff is an essential element of the tort of malicious prosecution. Option (4) is correct: Prosecution of the defendant by the plaintiff is not an essential element of the tort of malicious prosecution.

Which of the following defences to strict liability is based on the maxim 'volenti non fit injuria'?

  1. Consent of the plaintiff

  2. Act of God

  3. Act of third party

  4. Statutory authority


Correct Option: A
Explanation:

Option (1) is correct: Consent of the plaintiff is one of the defence to strict liability and is based on the maxim 'volenti non fit injuria'.

Rule of absolute liability was propounded by

  1. Justice Bhagwati

  2. Justice Sodhi

  3. Justice Ahmadi

  4. Justice Kuldeep Singh


Correct Option: A
Explanation:

Option (1) is correct: Justice Bhagwati through M. C. Mehta vs. Union of India has propounded the rule of absolute liability.

'Qui facit per alium facit perse’ establishes the

  1. liability under the Indian Penal Code

  2. liability under the law of torts

  3. vicarious liability

  4. liability under the Indian Contract Act


Correct Option: B
Explanation:

Option (2) is correct: ‘Qui facit per alium facit perse’ establishes the liability under the law of torts.

Defamation by spoken words or gestures is known as

  1. innuendo

  2. slander

  3. libel

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: An indirect intimation about a person or thing, mostly of a disparaging nature, is called innuendo. Option (2) is correct: Defamation by oral utterance rather than by writing, pictures, etc. is called slander. Option (3) is incorrect: Defamation by written or printed words, pictures or in any form other than by spoken words or gestures is called libel.

 

Which of the following does not constitute in the course of employment?

  1. The servant’s act is expressly authorised by the master.

  2. The servant is doing something for the benefit of the master.

  3. The servant’s act is impliedly authorised by the master.

  4. The servant is doing the authorised act in an unauthorised manner.


Correct Option: B
Explanation:

Option (2) is correct: The act of servant for the benefit of his maser does not constitute in the course of employment.

What is 'ubi jus ibi remedium'?

  1. Every law provides for remedies.

  2. There is no wrong without a remedy.

  3. If law is made, then corresponding remedy must also be made.

  4. Every remedy presupposes some injury to somebody.


Correct Option: A
Explanation:

'Ubi jus ibi remedium' means for every wrong, the law provides a remedy.

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