1. ........... are words, which appear innocent, but have a latent defamatory meaning
(a) Libel
(b) Slander
(c) Innuendo
(d) None of the above
Ans. (c)
2. Unliquidated damages mean
(a) Damage to something solid.
(b) Damage caused by a firm which has gone in liquidation
(c) Damage to a firm in the hands of receivers.
(d) Damage to be assessed by a court as these are not pre-determined.
Ans. (d)
3. Assault and nuisance are
(a) Wrong under Criminal law.
(b) Wrong under tort.
(c) Wrong under neither.
(d) Wrong under both.
Ans. (d)
4. What is the legal meaning of the word 'Battery'?
(a) Cells as used in torch, tape recorder etc.
(b) Battering a person to death.
(c) Actual or intended striking of another person.
(d) Assault resulting in, at least, 6 months hospitalisation.
Ans. (c)
5. When the master is held liable for the wrongful of his servant, the liability is called
(a) Strict liability
(b) Vicarious liability
(c) Tortous liability
(d) Absolute liability
Ans. (b)
6. The act of unlawfully entering into another's property constitutes
(a) Trespass
(b) Restraint
(c) Appropriation
(d) Encroachment
Ans. (a)
7. 'No-fault liability' means
(a) liability for damage caused through negligence
(b) liability for damage caused through fault.
(c) absolute liability even without any negligence or fault.
(d) freedom from liability.
Ans. (c)
8. Ramesh asks his servant to sell his cycle to him at a price less than that of market price. This contract can be avoided by the servant on the ground of
(a) fraud
(b) mistake
(c) undue influence
(d) coercion
Ans. (c)
9. “Tortious liability arises from breach of duty, primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages” This definition is given by
(A) Winfield
(B) Salmond
(C) Flemmings
(D) Goodheart
Ans. A
10. Which one of the following is not an example of vicarious liability?
(A) Liability of the principal for the tort of his agent.
(B) Liability of partners for each others’ tort.
(C) Liability of the master for the tort of his servant.
(D) Liability of the parents for the tort of the children
Ans . D
11. In an action for the tort of negligence, what is not required to be proved by the plaintiff is that
(A) there is damage
(B) duty-situation arises
(C) breach of duty owed to some one
(D) breach of duty owed to the plaintiff
Ans . C
12. Torts are grounded in the concept of
a. law
b. court
c. rights
d. sincerity
Ans – C
13.Which of the following is not an element of an intentional tort?
a. An intentional tort occurred.
b. An injury resulted from the tort.
c. The tort did not cause the injury.
d. The injury caused damages to the person.
Ans -C
14. What main element differentiates the crime of battery from the tort of battery?
a. In a criminal battery, two or more people must be present.
b. In a criminal battery, a person is actually injured. In a tort battery, the person is not hurt.
c. The unwanted touch; we have a right to be free from bodily harm.
d. There is no tort of battery. All batteries are crimes.
Ans – C
15. Which of the following is an example of trespass?
Ram walks in front of Raj’s house, staying on the sidewalk.
b. Joy hunts on Ram’s land without Ram’s permission. While there, joy shoots one of Ram’s cows, mistaking the cow for a deer. Ram sells his cows to make a living.
c. Josh borrows Luke’s car after Josh asks Luke to run to the store to pick up some milk.
d. Lisa walks into Heather’s house, who has invited her over for lunch.
Ans - B
16. A loud bass beat that can be heard through an apartment wall (from another apartment) at midnight can be classified as
a. Nuisance
b. Trespass
c. Interference with contractual relations
d. Conversion
Ans - A
17. Defamation involves:
a. using a weapon.
b. at least 5 people to be present.
c. a contract.
d. making false statements about someone.
Ans-D
18. Why is defamation a tort?
a. Individuals have the right to be free from bodily harm.
b. Individuals have the right to conduct business without interference.
c. Individuals have the right to own property.
d. Individuals have the right to enjoy a good reputation.
Ans- D
19. Which of the following constitutes slander?
a. Jayanthi tells Raj that Connie stole $500 from the cash register at work, even though Jayanthi knows this is not true
b. Jayanthi writes an e‐mail to Raj falsely stating that Connie stole $500.
c. Diane calls Jayanthi a liar in court.
d. Dan tells Raj, his boss, that Jayanthi stole $500 from the cash register at work. Dan and two other employees saw this.
Ans - A
20. . Negligence involves:
a. a crime
b. carelessness
c. assault
d. trespass
Ans- B
21. This tort occurs most often in society.
a. Assault
b. Nuisance
c. Defamation
d. Negligence
Ans - D
22. Why is a reasonable person test used to determine breach of duty in a negligence case? a. Because each tort case is quite similar.
b. Because negligence involves being reasonable.
c. Because a breach of duty occurs when a person does not exercise the degree of care that a reasonable person would in the same situation
d. Because only reasonable persons are involved in breaches of duty.
Ans - C
23. Damnum sine injuria means ---------------------
Ans – damage without injury
Explanation – There is no violation of the legal right
Glouster Grammer school case
24. Injuria sine damno
Ans – injury without damage
Explanations – legal injury done here even if no expressed damage have been occurred
Ashby vs white
25. Compensation provided in the tort
Ans – unliquidated damages
Explanations – unliquidated damages means damage which can’t be determines at a first sight .
26. Origin of word tort
Ans – containing French origin
Explanation – meaning in English is wrong and also from Latin word i.e. tortum which has meaning is to twist
27. Law of torts propounded by
Ans – by SALMOND
Explanations – according to SALMOND it’s law of torts contain some specific kinds of torts only also termed as Pigion hole theory
28. Inducement of breach of contract established in
Ans-Lumley vs Gye
Explanation- induce to breach of contract for singing
29. Tort of deceit found in which case ?
Ans – Pasley vs Freeman
Explanation - If deceit or fraud causes damage to the plaintiff, then it is maintainable in an action against the defendant
30. Strict liability case
Ans – Ryland vs Fletcher
explanation – makes defendant liable for accidental harms caused without any intervention or negligence on his part
31. Privity of Contract
Ans – Donoghue vs Stevenson
explanation- Rule of privity of contract abolished in law of tort. Even if a person other than the person purchased a product and uses it and face a problem the seller is liable.
32. Absolute liability case ?
Ans- A.C.Mehta vs UOI
explanation – Strict liability with no exception
33. Which of the following interests is not protected by the law of tort?
a) Loss of commercial profit due to competition
b) Reputation
c) Physical safety
d) Peaceful enjoyment of one's land
Ans -A
34. What is meant by the term 'actionable per se'?
a) Actionable only in the civil courts
b) A tort of strict liability
c) Actionable without proof of damage
d) Actionable at the instance of the injured party only
Ans- C
35.The law of contract is different from the law of tort in which way?
a) It is actionable in both the civil and criminal courts
b) It generally concerns a relationship between two parties only
c) Contracts are always written
d) Tort is made up predominantly of statute law
Ans - B
36. What is the primary function of the law of tort?
a) The punishment of a wrongdoer
b) The clarification of the human rights of parties
c) The spreading of losses throughout society
d) Compensating the claimant
Ans - D
37. Which of the following is not a required element in establishing a negligence action?
a) Breach of duty
b) Malicious intent on the part of the defendant
c) Duty of care
d) Causation of damage of a legally recognised type
Ans - B
38. Which of the following best describes the main function of 'duty of care' in negligence?
a) It ensures that the correct defendant is sued
b) It ensures that the claimant is always within the time limit for bringing an action
c) It ensures that the tort of negligence does not extend too widely
d) It ensures that the wrongdoer has actually been careless
Ans - C