Law of Tort - 2

Torts Test-2

15 Questions Published

Questions

Question 1 Multiple Choice (Single Answer)

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
Question 2 Multiple Choice (Single Answer)

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
Question 3 Multiple Choice (Single Answer)

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
Question 4 Multiple Choice (Single Answer)

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
Question 5 Multiple Choice (Single Answer)

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
Question 6 Multiple Choice (Single Answer)

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
Question 7 Multiple Choice (Single Answer)

Easement is a right in

  1. rem
  2. personam
  3. rem, in general, but in personam, in exceptional cases
  4. Neither (1) nor (2)
Question 8 Multiple Choice (Single Answer)

Damages awarded for tortuous liabilities are

  1. liquidated
  2. unliquidated
  3. penal
  4. None of these
Question 9 Multiple Choice (Single Answer)

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
Question 10 Multiple Choice (Single Answer)

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
Question 11 Multiple Choice (Single Answer)

Rule of absolute liability was propounded by

  1. Justice Bhagwati
  2. Justice Sodhi
  3. Justice Ahmadi
  4. Justice Kuldeep Singh
Question 12 Multiple Choice (Single Answer)

'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
Question 13 Multiple Choice (Single Answer)

Defamation by spoken words or gestures is known as

  1. innuendo
  2. slander
  3. libel
  4. None of these
Question 14 Multiple Choice (Single Answer)

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.
Question 15 Multiple Choice (Single Answer)

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.