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Law of torts
Questions 40
(1) acivil wrong for which the remedy is acomm on law action for unliqui dated damages and which is not exclusively the
breach of trust or other merely equi table obligation
(2) tortious liability arises from the breach of aduty primarily fixed by the law towards the persons generally and its breach is
redressible by an action for unli quidated damages
(3) an infringement of a right inrem of a private individual giving a right of compensation at the suit of the injured party
4. Which is correct
(1) breach of contract results from beach of duty undertaken by the parties themselves whereas tort results from breach of
duty imposed by law
(3) under contract the damages can beliquidated or unliqui dated but under tort the damages are always unliqui dated
(1) Wrongful act done intentionally but without just cause or excuse
(2) Wrongful act done intentionally with just cause & excuse
(A) Ramu cannot claim damages as he had not resigned from his existing post in anticipation of getting the appointment
letter
(B) Ramu cannot claim damages as there was no formal communication
(C) Ramu can claim damages as governing body cannot rescind the resolution once passed
(D) Ramu can claim damages as there was private communication
11. A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning
officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the
candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.
12. In a community there is a custom of stealing shoes of bridegroom during the marriage ceremony. The shoes of the
bridegroom were stolen by Y, A announced that Z has stolen the shoes. Everyone present in the marriage party started
staring at Z with great surprise. Z felt very ashamed.
(a) A defamed Z
(b) A did not defame Z
(c) A defamed Z for Z felt very ashamed
(d) A defamed the whole marriage party
13. Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst
in one of her ovaries. Due the negligence of the surgeon, who performed the operation, abdominal pack was left in her
abdomen. The same was removed by a second surgery.
14. Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near
her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now, Srikant files
a suit for damages against Nisha.
15. D is a driver employed by M, who is the owner of a company. During the lunch time, D goes to a close by tea shop to
have a cup of tea. There he picks up fight with the tea shop owner (T), which resulted in some damage to his shop. T wants
to sue M for claiming compensation for the damage caused by the fight. Which of the following derivations is CORRECT?
16. Jeevan and Pavan were neighbours in residential locality. Pavan started a typing class in a part of his house and his
typing sound disturbed Jeevan, who could not put up with and kind of continuous noise. He filed a suit against Pavan.
(a) Pavan is liable, because he should not have started typing class in his house
(b) Pavan is liable, because as his neighbour, he should have realized Jeevan’s delicate nature.
(c) Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan.
(d) Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan.
17. Match List-I with List-II. Use the code below to select the right answer.
List – I List – II
Codes:
abcd
(A) 2 3 4 1
(B) 2 3 1 4
(C) 3 1 4 2
(D) 3 1 2 4
18. Fill in the gap. Contributory negligence is ______ defense to a criminal charge.
(A) Genuine
(B) Accurate
(C) Sharp
(D) no
Codes:
(A) Both (A) and (R) are true, but (R) is not correct explanation of (A).
(B) Both (A) and (R) are true, and (R) is correct explanation of (A).
Answer: (C)
21. Which of the following ingredients are essential to make master liable for the acts of the servant?
Codes:
(A) 1, 2, 3
(B) 1, 2, 4
(C) 3, 4
(D) 1, 2
Answer: (D)
(4) That the breach of such duty was the direct and proximate cause of the damage alleged.
Codes:
(A) 1, 2 and 3
(B) 1, 2, 3 and 4
(C) 2, 3 and 4
(D) 1, 2 and 4
Answer: (B)
23. Which one of the following is not a good defence in suits for damages or negligence?
Answer: (C)
24. Match List –I with List – II and select the correct answer using the codes given below the lists
List – I List – II
Codes:
(A) 1 2 3 4
(B) 2 3 4 5
(C) 3 5 2 1
(D) 3 4 2 1
Answer: (C)
25 . Assertion (A): Tort is a civil wrong redressible by an action for unliquidated damages only.
Reason (R): Law does not provide compensation in the nature of liquidated damages.
Codes:
(A) Both (A) and (R) are true and (R) is correct explanation of (A).
(B) Both (A) and (R) are true but (R) is not the correct explanation of (A).
Answer: (C)
26. ‘Z’ while walking along a deserted road at night during winter saw a just born baby abandoned on a side. Fora moment
be realized that he could save the baby without appreciable trouble, expense or loss of his time and also felt that if the baby
is left over unprotected, it might die. But he did nothing and went away. ‘P’ another person also passed through that road and
saw the baby and acted just like ‘Z’ and went away. Next morning the infant baby died of exposure.
Answer: (D)
27 . P, owner of a car, asked his friend Q to drive the car to Bombay where he would join him. As the car was about five
kilometres from Bombay, it hit a pedestrian R, on account of Q’s negligent driving and injured him seriously. R sued P for
damages. In this case:
(C) Since Q was driving P’s car was under his authority, P is liable.
Answer: (C)
28. “If it was lawful act, however ill the motive might be, the defendant had a right to do it.” This observation was made by
the court in one of the following cases:
Answer: (A)
29. P and Q, unknown to R, sought and got a lift in R’s car, but on account of some mechanical defect in the car, of which R
was not aware, one of the front wheels of the car got detached and flew away, and the car toppled. P and Q got serious
injuries and later on, P died of his injuries. Q and P’s next kin sued R for damages for negligent driving. What defence R
has?
(D) No defence
Answer: (C)
(B) Only one party is negligent and other has not taken due care.
(C) One party is negligent resulting in injury while the other has taken due care.
Answer: (B)
31. P shoot at Q with the view to kill him. When Q was being taken to hospital, a tree fell upon Q on the way and Q died in
the hospital a few days later. If it was proved that the falling of the tree caused Q’s death, then
(D) P is responsible for the death of Q as Q’s death was the direct consequence of P’s act.
Answer: (B)
32. Which one of the following has been laid down as basis of responsibility by the rule in Rylands Vs. Fletcher?
Answer: (C)
(A) Tort is a civil wrong in which claim for unliquidated damages is made.
(D) In some torts an injunction can also be issued against the wrong-doer
Answer: (C)
34. Which one of the following defences is not available in Law of Tort?
Answer: (C)
35. ‘Sometimes it happens that the legal right of a person is violated but he does not suffer any harm.’ From which one of the
following maxim we can attribute it?
Answer: (B)
36. The rule of ‘absolute liability’ was laid down by the Supreme Court of India in the following case:
(B) M.C. Mehta (Sriram Food and Fertilizer Co.) vs. Union of India
(C) M.C. Mehta (C.N.G. Fuel case) vs. Union of India
Answer: (B)
37. In which of the following cases did the Supreme Court of India gave the ruling that sovereign immunity of the State is
subject to the Fundamental Rights?
Answer: (C)
38. The rule laid down in Re Polemis case is that the defendant shall be liable for all
(B) Direct consequences of his act, if he could foresee some damage to the plaintiff from his act.
(C) Direct consequences of his act, only if he could foresee the kind of damage which has actually occurred.
Answer: (B)
39. The main supporter of theory that ‘it is a law of tort’ and not ‘law of torts’:
(a) Winfield
(b) salmond
(c) fleming
(d) Hart
(a) heart
(b) brain
(c) abdomen