MCQ on Law of Tort

1. The case of Reylands vs Fletcher has laid down the principle of

(a) defamation.
(b) conspiracy.
(c) strict liability of land owner.
(d) none of these.

2. Kasturilal vs State of UP is related to

(a) contractual liability of the state.

(b) vicarious liability of the state.
(c) fraud of the state.
(d) none of these.

3. The principle of privity of contract was held to be not applicable in an action for
tort in

(a) Winterbottom vs Wright, (1842) 10M&W 109

(b) Donoghue vs Stevenson, (1932) AC 562
(c) Grant vs Australian Knitting Mills Ltd.,(1936) AC 85
(d) Ashby vs White, (1703) 2 Ld Raym 938

4. The ‘tort of deceit’ owes its origin to

(a) Pasley vs Freeman, (1789) 3 TR 51

(b) Lumley vs Gye, (1853) 2 E&B 216
(c) Rylands vs Fletcher, (1868) LR 3 HL330
(d) Winsmore vs Greenbank, (1745) Willes 577

5. The ‘tort of inducement a breach of contract’ finds its origin in –

(a) Lumley vs Gye

(b) Rookes vs Barnard
(c) Donoghue vs Stevenson
(d) Rylands vs Fletche

6. Damages awarded for tortious liabilities are –

(a) liquidated.
(b) unliquidated.
(c) penal.
(d) none of these.

7. Defamation by spoken words or gestures is known as

(a) innuendo.
(b) slander.
(c) libel.
(d) none of these.

8. The principle ‘facts speak for themselves’ is expressed by the maxim

(a) Ubi jus ibi remedium.

(b) Res Ipsa Loquitor.
(c) Novus Actus Interveniens.
(d) Causa Causams.

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

(a) absolute liability.

(b) tortious liability.
(c) vicarious liability.
(d) none of these.

10. ……….. are words, which appear innocent, but have a latent
defamatory meaning

(a) Libel

(b) Slander

(c) Innuendo

(d) None of the above

Ans. (c)

11. 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)

12. Assault and nuisance are

(a) Wrong under Criminal law.

(b) Wrong under tort.

(c) Wrong under neither.

(d) Wrong under both.

Ans. (d)

13. 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)

14. 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)

15. The act of unlawfully entering into another’s property constitutes

(a) Trespass

(b) Restraint

(c) Appropriation

(d) Encroachment

Ans. (a)

16. ‘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)

17. 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)

18. “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

19. 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

20. 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

21. Torts are grounded in the concept of

a. law

b. court

c. rights
d. sincerity

Ans – C

22.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

23. 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

24. Which of the following is an example of trespass?

1. 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
25. 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

26. 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

27. 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

28. 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

29. . Negligence involves:

a. a crime

b. carelessness

c. assault

d. trespass

Ans- B

30. This tort occurs most often in society.

a. Assault

b. Nuisance

c. Defamation

d. Negligence

Ans – D

31. 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

32. Damnum sine injuria means ———————

Ans – damage without injury

Explanation – There is no violation of the legal right

Glouster Grammer school case

33. Injuria sine damno

Ans – injury without damage

Explanations – legal injury done here even if no expressed damage have been
occurred

Ashby vs white

34. Compensation provided in the tort

Ans – unliquidated damages

Explanations – unliquidated damages means damage which can’t be determines at

a first sight .

35. 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

36. 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

37. Inducement of breach of contract established in

Ans-Lumley vs Gye

Explanation- induce to breach of contract for singing

38. 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

39. Strict liability case

Ans – Ryland vs Fletcher

explanation – makes defendant liable for accidental harms caused without any
intervention or negligence on his part

40. 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.

41. Absolute liability case ?

Ans- A.C.Mehta vs UOI

explanation – Strict liability with no exception

42. 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

43. 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

44.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

45. 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

46. 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

47. 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

48. Which one of the following interests are not protected by the law of tort?

A. Peaceful enjoyment of one’s land

B. Reputation
C. Loss of commercial profit due to competition
D. Physical safety

49. What the Injuries Board is…

A. a body that advises the court

B. a type of court that calls witnesses.
C. a no-fault compensation body
D. a body that assesses personal injury claims

50.What is meant by the term ‘actionable per se’?

A. Actionable without proof of damage

B. Actionable at the instance of the injured party only
C. Actionable only in the civil courts
D. A tort of strict liability

51. Law of the contract is different from the law of tort in which way…?
A. It is actionable in both the civil and criminal courts
B. Tort is made up predominantly of statute law
C. Contracts are always written
D. It generally concerns a relationship between two parties only

52. Which one is the primary function of the law of tort..?

A. Compensating the claimant

B. The spreading of losses throughout society
C. The punishment of a wrongdoer
D Deterrence

53.Which of the following is not an objective of the law of tort?

A. Compensation
B. Corrective justice
C. Deterrence
D. Imposition of moral blame

54. Which of the following is the main alternative to tort, for the provision of compensation…

A. First party insurance

B. Criminal Injuries Compensation
C. State social security
D. Charity

55. The following is not a tort described as ‘trespass to the person…

A. Battery
B. False imprisonment
C. Public nuisance
D. Assault

56. Which of the following is not a defense to trespass to the person?

A. Lawful authority
B. Contributory negligence
C. Self-defense
D. Necessity