DR.

BABASAHEB AMBEDKAR COLLEGE OF LAW , MAIN

BRANCH , RTMNU , NAGPUR

MCQ’S ON THE TOPIC – NATURE AND

SCOPE OF LAW OF TORTS
1. The word ‘tort’ is derived from the Latin term ‘tortum’ which
means ______ .
A. Breach of moral duty
B. Breach of trust
C. To twist
D. To do a criminal act
ANS : C

2. Tort is a ______ wrong.

A. Civil wrong
B. Criminal wrong
C. Moral wrong
D. Both A) & B)
ANS : A
3. In tort, the duty is primarily fixed by ______ .
A. Custom & Usage
B. Law
C. Contract
D. Government
ANS : B
4. Unliquidated damages means _______ .
A. Damage caused by breach of moral duty
B. Damage caused by breach of trust
C. Damages which are pre-determined
D. Damages which are decided by the court
ANS : D

5. A tort is a violation of ______ .

A. Fundamental right
B. Right in rem
C. Right in personam
D. None of the above
ANS : B
6. Which of the following statement in respect of tort is
NOT correct?
A. Tort is a civil wrong
B. In torts, duty is primarily fixed by law itself.
C. In torts, the duty is towards specific person(s) .
D. Main remedy in an action for tortious liability is unliquidated
damages.
ANS : C
7. “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. Fraser
D. Sir Frederick Pollock
ANS : A
8. Which of the following is/are the constituent of Tort?
A. Wrongful act
B. Legal damage
C. Legal remedy
D. All of the above
ANS : D
9. The law of contact is different from law of torts in which way?
A. In contract the rights and duties are primarily fixed by
agreement between the parties.
B. Law relating to contract has been codified.
C. Both A) & B)
D. The Law of contract is of civil nature.
ANS : C
10. What is the primary function of tort?
A. Protection of fundamental rights.
B. Punishment of the wrongdoer
C. Compensation of plaintiff
D. To spread awareness about morality among society.
ANS : C

MCQ’S ON THE TOPIC – NATURE AND

SCOPE OF LAW OF TORTS
11.The word ‘tort’ is derived from the Latin term ‘tortum’ which
means ______ .
A. Breach of moral duty
B. Breach of trust
C. To twist
D. To do a criminal act
ANS : C

12.Tort is a ______ wrong.

A. Civil wrong
B. Criminal wrong
C. Moral wrong
D. Both A) & B)
ANS : A
13.In tort, the duty is primarily fixed by ______ .
A. Custom & Usage
B. Law
C. Contract
D. Government
ANS : B
14.Unliquidated damages means _______ .
A. Damage caused by breach of moral duty
B. Damage caused by breach of trust
C. Damages which are pre-determined
D. Damages which are decided by the court
ANS : D

15.A tort is a violation of ______ .

A. Fundamental right
B. Right in rem
C. Right in personam
D. None of the above
ANS : B
16.Which of the following statement in respect of tort is
NOT correct?
A. Tort is a civil wrong
B. In torts, duty is primarily fixed by law itself.
C. In torts, the duty is towards specific person(s) .
D. Main remedy in an action for tortious liability is unliquidated
damages.
ANS : C
17. “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. Fraser
D. Sir Frederick Pollock
ANS : A
18.Which of the following is/are the constituent of Tort?
A. Wrongful act
B. Legal damage
C. Legal remedy
D. All of the above
ANS : D
19.The law of contact is different from law of torts in which way?
A. In contract the rights and duties are primarily fixed by
agreement between the parties.
B. Law relating to contract has been codified.
C. Both A) & B)
D. The Law of contract is of civil nature.
ANS : C
20.What is the primary function of tort?
A. Protection of fundamental rights.
B. Punishment of the wrongdoer
C. Compensation of plaintiff
D. To spread awareness about morality among society.
ANS : C

MCQ’S ON THE TOPIC – NATURE AND

SCOPE OF LAW OF TORTS
1. The word ‘tort’ is derived from the Latin term ‘tortum’ which
means ______ .
A. Breach of moral duty
B. Breach of trust
C. To twist
D. To do a criminal act
ANS : C

2. Tort is a ______ wrong.

A. Civil wrong
B. Criminal wrong
C. Moral wrong
D. Both A) & B)
ANS : A
3. In tort, the duty is primarily fixed by ______ .
A. Custom & Usage
B. Law
C. Contract
D. Government
ANS : B
4. Unliquidated damages means _______ .
A. Damage caused by breach of moral duty
B. Damage caused by breach of trust
C. Damages which are pre-determined
D. Damages which are decided by the court
ANS : D

5. A tort is a violation of ______ .

A. Fundamental right
B. Right in rem
C. Right in personam
D. None of the above
ANS : B
6. Which of the following statement in respect of tort is
NOT correct?
A. Tort is a civil wrong
B. In torts, duty is primarily fixed by law itself.
C. In torts, the duty is towards specific person(s) .
D. Main remedy in an action for tortious liability is unliquidated
damages.
ANS : C
7. “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. Fraser
D. Sir Frederick Pollock
ANS : A
8. Which of the following is/are the constituent of Tort?
A. Wrongful act
B. Legal damage
C. Legal remedy
D. All of the above
ANS : D
9. The law of contact is different from law of torts in which way?
A. In contract the rights and duties are primarily fixed by
agreement between the parties.
B. Law relating to contract has been codified.
C. Both A) & B)
D. The Law of contract is of civil nature.
ANS : C
10. What is the primary function of tort?
A. Protection of fundamental rights.
B. Punishment of the wrongdoer
C. Compensation of plaintiff
D. To spread awareness about morality among society.
ANS : C

Q. 1) 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)

Q 2) “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

Q. 3) PRINCIPLE: Damage without the violation of a legal right

is not actionable in a court of law. If the interference with the
rights of another person is not unlawful or unauthorised, but a
necessary consequence of the exercise of defendant’s own lawful
rights, no action should lie.
FACTS: There was an established school (ES) in a particular locality.
Subsequently, a new school (NS) was set up in the same locality which charged
lower fees, on account of which people started patronising the new school.
Because of the competition, ES had to reduce its fees. ES filed a case against
NS saying that NS had caused it financial loss and, thus, claimed compensation.
Which of the following derivations is CORRECT?
A. Since no legal right of ES has been violated, therefore, as such, no
compensation could be granted.
B. Since damage is caused to ES, therefore, it should be awarded compensation.
C. ES should be awarded compensation as opening of school in competition is
not good.
D. No compensation could be granted, as reduction in fees is good for the
public.

Answer : A

Q 4) PRINCIPLE: Whenever there is an invasion of a legal right,

the person in whom the right is vested, is entitled to bring an
action though he has suffered no actual loss or harm, and may
recover damages (compensation).
FACTS: ‘A’ was a qualified voter for the Lok Sabha election. However, a
returning officer wrongfully refused to take A’s vote. In spite of such wrongful
refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But, ‘A’
brought an action for damages.
Which of the following derivations is CORRECT?
A. Since no legal right of ‘A’ had been violated, therefore, as such, no
compensation could be granted
B. Since legal right of ‘A’ had been violated, therefore, compensation should be
granted
C. No compensation could be granted, as ‘A’ had suffered no loss as his
candidate won the election
D. Since no fundamental right of ‘A’ had been violated, therefore, as such, no
compensation could be granted

Answer: B

Q 5) Ramu applied for the post of Director in an organization.

The governing body of the organization passed a resolution
appointing him to the post. After the meeting, one of the members
of the governing body informed him privately of the resolution.
Subsequently, the resolution was rescinded. Ramu claims
damages. Which one of the following is the correct legal
proposition in the case?
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

Answer: B

Q 6) If the pattadars were compulsory required to work in the

factory for a minimum number of hours every day, then the
Company would have been liable to pay compensation to Aashish
Mathew if the latter:
A. Had been assaulted and grievously hurt by his neighbour inside the factory
precincts over a property dispute.
B. Had slipped and fractured his arm while trying to commute on a city bus
from his home to the factory.
C. Had been injured while commuting on a bus provided by the Company and
which he was required by his contract to use every day.
D. Had been caught in the middle of a cross-fire between police and a gang of
robbers while travelling to work on a city bus
View Answer

Answer: C

Q .7 ) Compensation provided in the

A) Nominal Damages
B) Contemptuous / derisory Damages
C) unliquidated damages
D) Real or actual damages

Ans –C

Q 8) Liquidated damages is essentially a :

A) Payment of money stipulated as a warning to the attending party
B) Payment of compensation determined by the court
C) Compensation arbitrarily determined by the aggrieved party
D) Genuine covenanted pre-estimate of damage

Answer: D

Q 9) If A’s dog enters B’s house and relieves himself and B

accidentally steps on it and is disgusted and thus, he brings a suit
against A, the Court will rule in B’s favour but because of such a
trivial nature of this case the damages awarded by the Court will
be of a meagre amount.
A) Nominal Damages
B) Contemptuous / derisory Damages
C) Compensatory Damages
D) Real or actual damages

Answer:- B

Q.10) Cases of Infringements of absolute rights are the best

examples of
A) Nominal Damages
B) Contemptuous / derisory Damages
C) Compensatory Damages
D) Real or actual damages

Answer:- A

Answers have been highlighted

1. What is the part of law for most harms that are not either criminal or based on a
contract?
a )Labor law

b)Divorce and family law

c)Property law

d)Tort law

2. Wrongful act indirectly causing injury not an immediate result but a later consequence.
a)Tort

b)Cause of action

c)Trespass of the cases

d)Strict liability

3. What is not a "personal" intentional torts?

a)Assault

b)Wrongs which are exclusively criminal

c)Intentional infliction of emotional distress

d)Battery

e)False imprisonment

4. Tort law helps people to make claims for

a)Compensation

b)Crime

c)Imprisonment

d)Capital punishment

5. What is not a tort?

a)Conversion

b)Wrongs which are exclusively criminal

c)Wrongful dismissal

d)Detention

6. There are four elements to tort law, which of the following is not one of them?
a)Breach of duty

b)Injury

c)Murder

d)Duty

e)Causation
7. Which of the following is not a part of the three main types of torts?
a)Negligence

b)Strict liability (product liability)

c)Unintentional torts

d)Intentional torts

8. Torts include all _______ cases as well as intentional wrongs which result in harm .
a)Criminal

b)Negligence

c)Unethical

d)Unidirectional

9. What is another word for tort?

a)Murder

b)crime

c)error

d)evil

d)fault

e)immorality

f)guilt

10. What is an example of Tort in a sentence?

a)After the young man was caught stealing expensive electronics from Ms. Davis’s house, the
homeowner sued the young man for tort to redeem the cost of the stolen items.

b)The tort for negligence of their father allowed the daughters to be rewarded with $1 million when
the inattentive caretakers caused the old man to suffer a broken hip.

c)The young passionate lawyer took the case concerning a tort for harassment when the young
woman was asking for $25 million from her previous employer.

d)Due to so many people bringing lawsuits to court in order to make easy money, officials are
attempting to reform the way to win a case involving a tort.

e)Judge Gardner awarded the plaintiffs the whole amount that they requested for their tort against
the men who attacked them.

f)All of the above

11. The remedy available in tort should be a

a)Uncommon Law action
b)Special tribunal

c)Non bailable

d)Common Law action

12 if one person punches another person in the nose, it might be an intentional tort called
a)offense

b)crime

c)battery

d)illegal

13. Which of the following is not a tort?

a)broken window

b)hitting the neighbor

c)killing the enemy

d)having accident

Types of Damages in Tort :-

In torts, the damages which are awarded by Courts to the plaintiff can
be classified into several heads.

1. Nominal Damages:-
1. Nominal damages are those in which even though the plaintiff
has suffered a legal injury at the hands of the defendant, But
there is no actual loss or damage suffered by him.
2. These damages are provided in the cases of Injuria sine
damno in which the Court recognises the violation of the right
of the plaintiff but the amount of damages are so nominal, very
little or low because of no actual loss to the plaintiff.

• Example :-
Ashby v. White (1703) 92 ER 126 :- the plaintiff was prevented
from voting by the defendant and the candidate for whom the
plaintiff was going to vote still won. The plaintiff sued the
defendant. It was held that even though no actual damage was
 suffered by the plaintiff, the defendant was still liable for
preventing him from exercising his legal right to vote and thus
nominal damages were awarded in this case. Cases of
Infringements of absolute rights are the best examples.

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Reference books:- Dr. Rega surya rao, 2 edition Asia law
nd

house.Page no. 256

2. Contemptuous / derisory Damages

1. the Court recognises that the right of the plaintiff is violated
but to show that the suit brought by the plaintiff is of such a
trivial nature that it has only wasted the time of the Court.
2. plaintiff has legal claim but there is no moral justification for
that.
3. the Court awards a very little amount to the plaintiff as
damages.
4. This is similar to the nominal damages but the only difference
between the two is that in nominal damages the plaintiff suffers
no actual loss and in contemptuous damages, the plaintiff suffers
actual damage but it is a trivial one in which he does not
deserves to be fully compensated.

• Illustration:
1. If A’s dog enters B’s house and relieves himself and B
accidentally steps on it and is disgusted and thus, he brings a
suit against A, the Court will rule in B’s favour but because of
such a trivial nature of this case the damages awarded by the
Court will be of a meagre amount.
2. if A makes offensive remarks to B, then B assault to A, in
this case A is awarded for little amount of money, because A
 has not moral justification for that incident, so court showing
disapproval of the conduct of the plaintiff.

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Reference books:-Dr. Rega surya rao, 2 edition Asia law
nd

house...Page no. 252

3. Compensatory Damages :-
1. injured party has suffered from great injury so heavy
compensation are awarded.
2. Compensatory damages are awarded to help the plaintiff to
reach his original position at which he was before the tort was
committed against him.
3. These damages are awarded for not only to punish the
defendant for preventing him for doing similar wrong act in
future. But also to restore the plaintiff to his previous situation.
3. These damages are very helpful in cases of monetary losses in
which the amount of loss can be easily calculated and therefore
that amount can be ordered to be paid to the plaintiff so that he
can replace the damaged product or goods with such amount.

• Illustration:
K takes T’s bike and due to his rash driving the bike gets
damaged. Here K can be awarded compensatory damages in
which the amount for repairing the bike will be payable to K by
T so that the bike’s condition can be restored back to its original
state.

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Reference books:-Dr. Rega surya rao, 2 edition Asia law
nd

house...Page no. 253

• 4. Prospective Damages:-
1. There are certain circumstances in which a tort, may result in
not only present loss or damage but also causes continuing or
future loss. Where injured os deprived from his earnings
capacity as a result of the tort.
2. These damages are therefore additional damages which are
awarded to the plaintiff .
Case laws:-
Subhash Chandra vs. Ramsingh AIR 1972 Del 189
The appellant a boy of 7 years was hit by a bus owned by the
state of Punjab and driven by the respondent. The appellant
suffered serious injuries which disabled him from walking
without a surgical shoe. Owing to this disability he could not get
employment in certain fields. He was awarded 3000/- for
probable future loss by the motor accidents claims tribunal. This
amount was increased 7500 by delhi high court.

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Reference books:- Dr. Rega surya rao, 2 edition Asia law
nd

house...Page no. 255

• 5. Real or actual damages

1. Awarded to plaintiff for the injury actually suffered by him.

2. Assessed as fair and adequate compensation for damages
actually suffered by the plaintiff
 Case laws: G sreedharamurthy Vs bellary Municipal
council and others [AIR 1982 kant 287]
Bellary Municipal council out of ill will and malice served
notice of distaint warrant and seized furniture and books of a
practicing advocate who was also income tax and wealth tax
payer, it was held that substancial damages are to be granted
even though no evidence regarding damages....

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Reference books:-Dr. Rega surya rao, 2 edition Asia law
nd

house...Page no. 255

6. General and special damages :-

1. Sometimes a tort committed by the defendant may result in

damage to the people in general and to a person in particular.
2. The former is called general damage for which general
damages are awarded. While the latter is called special
damage for which special damages are awarded.

Illustration:- X dug a ditch in front of his house on the

highway. It causes inconvenience to all the road users in
general. If a motorcyclist falls in the ditch and receives serious
injuries it amounts to special damages to the motorcyclist
 ------------------------------------------------------------------------
Reference books:- Dr. Rega surya rao, 2 edition Asia law
nd

house...Page no. 255

7-Liquidated and unliquidated damages:-

1. the main remedy in a action for tortious liability is for
unliquidated damages.
2. Unliquidated damages are determined by court by using its
discretionary power.
3. Liquidated damages are already determined irrespective
courts discreation.
4. Liquidated damages are claimed in an action for breach of
contract breach of Trust breach of Quasi contractual
obligation .
 Reference books:- Dr. Rega surya rao, 2 edition Asia law
nd

house...Page no. 256

1. A petition parliament is
A)Qualified B)Justiciable
C) Absolutely Privileged D)None of the Above

2. A Fair And Bona Fide comment on a matter of public interest

is
A)Libel B) No Libel
C. Criminal Offence D)None of the above

3. How many Kind of Privilege

A) Two B) ONE
C) THREE D) Four

4. Which maxim apply in defences in defamation ,

A) The greater the truth the greater the Libel
B) Damnum sine Injuria
C) Injuria Sine Damnum
D) None of the above

5. In which , the defendant does not prove Privilege until he has

shown how that occasion was used
A. Absolute privilege B) Qualified privilege
B. In fair comment D) Justification By truth

6. Absolute privilege
A. Independent of the presence of malice
B. Dependent of the presence of malice
C. Independent of the circumstances
D. Dependent of the circumstances

7. A statements necessary to
A. Protect Defendants Own interests
B. Protect plaintiff own interest
C. Protect public interest
D. None of the above

8. Statement Must be
A. Not published to a third party
B. Published only In Newpaper
C. Both 1 and 2 D) published to a third party

9. A fair and accurate report of the Judgment in an action ,

published Bona fide and
A. With malice B) without malice
C) With motive D) without motive

10. Absolute privilege

A. Independently of the presence of malice
B. Dependent of the presence of malice
C. Dependent on the Circumstance
D. Independent on the Circumstance
MCQ on the topic of Defamation (Ingredient) by Rohit S. Sao, Roll No 31
1. Why is defamation a tort?

1. Individuals have the right to be free from bodily harm.

2. Individuals have the right to conduct business without interference.
3. Individuals have the right to own property.
4. Individuals have the right to enjoy a good reputation.

2. Defamation involves

1. Using a weapon.
2. At least 5 people to be present.
3. Making false statements about someone.
4. A contract.
3. When was defamation act enacted?

1. 1950
2. 1951
3. 1952
4. 1953

4. Section 122 of evidence act tells about

1. About publication of fact

2. Communication between husband and wife is not amount to defamation
3. Culpable homicide
4. Burden of proof

5. Which of the following is not an essential element of defamation?

1. statement must be defamatory

2. statement must refer to plaintiff
3. statement must be published
4. none of above

6. If X write a defamatory message on postcard to Y and send it to Y then it is...

1. actionable
2. non actionable
3. not published
4. refer to someone else

7. Which of the following is not correct?

1. slander may be oral

2. libel is permanent form of defamation
3. slander is made when someone defame by in pictures
4. libel may be in written form

8. If X published that, “all lawyers are dishonest” then...

1. it is not actionable in tort

2. it is actionable in tort
3. it is criminal in nature
4. It is civil wrong

9. Slander is not actionable per se in which of the following condition

1. Imputation of criminal offence

2. Imputation of un-chastity or adultery
3. Imputation of infectious diseases
4. Imputation of unfit

10. A told her wife B that,” Mr X having an extra marital affair” which was wrong and defamatory
statement against Mr X then

1. It very essential to know about this news

2. It was an defamation of Mr X
 3. It was in public interest
4. It was not actionable because of conversation between husband and wife not consider of
publication

11. Which of the following is innocent at first but having latent defamatory meaning

1. Libel
2. Slander
3. Publication
4. Innuendo

Subject: Law of Tort

Title : MCQs on Principle of Strict Liability
Student Name: Dr.vasundhara Ajay Gulhane
Roll Number: 37

1. …………...liability is liability without fault.

a. Strict
b. Stern
c. Res ipsa loquitur
d. Negligence

2) Ganesh has a snake juggling act in the local circus. He often brings home his pythons
after work. One day, the snakes get loose and find their way to Millie's back yard. Millie
walks over to the snakes to shoo them away and is bitten on the hand. What tort is
ganesh liable for?

a. Animals, Owned or Possessed because he owns the Pythons

b. Abnormally Dangerous Acts because Pythons are dangerous and he has an act

including them

c. Product Liability because the snakes were purchased from a store

d. No liability because Millie should know better that to be on the business end of a

Python

3. The Great Flying Carmelo has a high wire act in a local casino. He suspends himself over
the casino floor and does very dangerous tricks. On the weekends, he practices in the yard of
his rented house. This particular weekend, he fell and injured his back and neck. What is the
scope of liability for Carmelo's landlord?
a. Nothing, a dangerous act must injure another person, not the person performing the

act

b. Abnormally dangerous acts because walking on a high wire is dangerous

c. Tortous misconduct because Carmelo should know better

d. Negligence for not telling Carmelo not to install a hire wire in the yard

4. The local fire department is conducting a few drills to prepare them for the upcoming dry
season when many fires break out. As part of their drill set, they plan on driving on the
highway at a rate of speed higher than the speed limit while spraying their fire hoses at the
shoulder of the road. If a passerby is injured as a result, what will the court look at?
a. Whether it was unlikely that anyone could possibly be harmed by the activity

b. Whether there was reasonable care taken when performing the act

c. Whether the firemen usually do this type of activity in this location

d. Whether the firemen should have warned the passerby that they were spraying water

5. Which of these laid down as the basis of responsibility by rule in Reylands vs Fletcher
case?
a. Strict liability
b. Fault liability
c. Insurance liability
d. Conditional liability

6. Which of the Following of these is an essential condition of strict liability.

a. Dangerous substance
b. Escape
c. Non natural use of land
d. All ,a,b & c

7.. Strict liability applies to which of the following situations?

a. intentionally hitting a person with a golf club
b. accidentally running over a dog with a car
c. allowing a child your are babysitting to climb and fall off a tree
d. owning a dangerous, wild animal

8. Proving strict liability requires

a. causation only
b. causation and damages only
 c. duty and breach only
d. damages only

9. Strict liability is a social policy decision by giving risks to people who

a. own domestic animals
b. ignore safety laws
c) pursue dangerous activities
d) all of these

10. Which is NOT a dangerous activity that would be covered by strict liability?
a. demolition company
b. chemical manufacturer
c. waste treatment plant
d. all of these

Answer key
1.a
2.b
3.a
4.d
5.a
6.d
7.d
8.b
9.d
10.d

Assignment, Law of Tort MCQ’s

Student Name: Vikas Mundhe, Roll no. 59

1. Innuendo means…
a. Damages b) Reputation c) Tort d) Indirect or implied reference.

2) Chose the correct e.g. for innuendo

a) ‘A’ tells ‘B’ that ‘C’ is under the treatment of Dr. ‘Q’ is known as
psychiatrist.
b) ‘A’ said ‘B’ is fraudster
c) ‘A’ published defamatory statement in his newspaper about ‘B’
d) ‘A’ has facebook account and ‘B’ is his college friend, ‘A’ has posted
photos of ‘B’ and ‘C’ with obscene material on FB.

3) Chose the correct definition of Innuendo.

a) A statement may prima facie be defamatory.
b) A statement may prima facie be not defamatory but because of the
existence of some latent and secondary meaning it may be considered to
defamatory.
c) A statement some latent and secondary meaning it may be considered
to defamatory
d) A statement may prima facie be not defamatory and the existence of
some latent and secondary meaning it may be not considered to
defamatory.

4) Every man has the right to have his…

a) to publish defamatory statement b) reputation preserved c) misuse of
social media d) anything speak about other person

5) Which case of law focusing on Defamation? (innuendo)

a) keshvanand Bharti V/s UOI b) D.K. Basu V/s Westbangal c) Tolly
V/s JS Fry and sons ltd d) Arneshkumar V/s State of Bihar

6) According to the advanced Oxford Learner’s Dictionary an

Innuendo is..
a) right of reputation b) definition of Tort c) direct remark somebody d)
an indirect remark somebody or something

7) It is not always very easy to decide whether ….

a) Actually refers to the plaintiff b) The defamation is easy to explain c)
Innuendo and slander is same d) the alleged defamatory statement
actually refers to the plaintiff

8) Chose correct e.g. for Innuendo..

a) ‘A’ said ‘B’ is fraudster
b) ‘A’ published defamatory statement in his newspaper about ‘B’
c) ‘B’ said to ‘A’ that ‘A’ has stolen watch of ‘C’
d) I want to go to the doctor but I want to die a natural death

9) A man’s reputation is his property and is more valuable than any

other tangible asset.
a) Incorrect b) correct c) partially correct d) none of above

10) Chose the correct e.g. for Innuendo..

a) My friends were poor but honest b) My friends were poor c) I have
five friends, three are poor and two are rich d) none of this

Answer key
1)d 2)a 3)b 4)b 5)c 6)d 7)d 8)d 9)b 10)a

1. Principal is liable for the torts Committed by

his agent -
a. During the course of his employment
b.Outside the course of his employment
c. Either in or out of the course of his
employment
d.If the act is done for the benefit of the
master.

2. In principal-Agent Relationship liability is –

a. Only joint
b. Joint and Several
c. Only Several
d. Neither joint nor Several.
3. When an agent Commits a tort in the
Performance of his duty as an agent, the injured
party can sue –
a. The agent only
b. The principal only
c. Either the principal or the agent
d. Either the principal or the agent or both of
them.

4. An employer will not be vicariously liable for

which of the following action of an employee-
a. A Criminal Act which is closely Connected with
the employment.
b. A tortious act Carried out while traveling to
work
c. An authorised tortious act Carried out in an
unauthorized Manner
d. An authorized tortious act.

5. The doctrine of vicarious liability applies when

there is a –
a. Relationship of principal and Agent
b. Relationship of partners
c. Relationship of master and servant
d. All the above.

6. Under the doctrine of vicarious liability which

one among the following is correct?
a. Principal is liable for the wrongful act of his
agent.
b. Master is liable for the torts of his servant.
c. Partners are liable for each other’s wrongful
act.
d. All of the above are correct.
7.The liability of a principal for acts of his
servant in Law of torts is called.
a) Absolute liability
b) Tortious liability
c) Vicarious liability
d) Nome of the above.

8. ‘Qui facit per aluim facit per se ‘means

a) He who acts through others acts himself
b) He who has not the power of alienating is
under the necessity of retaining
c) He who does not prohibit when he is
able
to prohibit, is in fault
d)He who is silent appears to consent

9) Qui Facit per alium facit per se, a maxim

in law of tort, is related with which act of
torts?
 a) Capacity to use
b) Negligence
c) Vicarious liability
d) Defamation

10. The maxim respondent Superior Means –

a) let the servant be held responsible.

b) let the principal be held responsible.
c) let the neighbour be held responsible.
d) Both (A) and (B).
11. LLOYD V. GRACE, SMITH & CO.
Involves in which relationship of Vicarious
liability –
a) Master and Servant
b) Principal and Agent
c) Employer and Independent Contractor
d) Company and Director

12. In case Law of STATE BANK OF INDIA

V. SHYAMA DEVI the employee
misappropriated the amount of plaintiff –
a) During the course of his employment
b) Outside the course of employment
 c) A tortious act Carried out while traveling
to work
d) None of the Above.

ANSWER KEY
1. a), 2. c), 3. d), 4. b), 5. d), 6. d), 7. c), 8. a), 9.
c), 10. d), 11. B), 12. c).

Subject: Law of Tort

Title : MCQs on Principle of Strict Liability
Student Name: Dr.vasundhara Ajay Gulhane
Roll Number: 37

1. …………...liability is liability without fault.

a. Strict
b. Stern
c. Res ipsa loquitur
d. Negligence

2) Ganesh has a snake juggling act in the local circus. He often brings home his pythons
after work. One day, the snakes get loose and find their way to Millie's back yard. Millie
walks over to the snakes to shoo them away and is bitten on the hand. What tort is
ganesh liable for?

a. Animals, Owned or Possessed because he owns the Pythons

b. Abnormally Dangerous Acts because Pythons are dangerous and he has an act

including them

c. Product Liability because the snakes were purchased from a store

d. No liability because Millie should know better that to be on the business end of a

Python
3. The Great Flying Carmelo has a high wire act in a local casino. He suspends himself over
the casino floor and does very dangerous tricks. On the weekends, he practices in the yard of
his rented house. This particular weekend, he fell and injured his back and neck. What is the
scope of liability for Carmelo's landlord?
a. Nothing, a dangerous act must injure another person, not the person performing the

act

b. Abnormally dangerous acts because walking on a high wire is dangerous

c. Tortous misconduct because Carmelo should know better

d. Negligence for not telling Carmelo not to install a hire wire in the yard

4. The local fire department is conducting a few drills to prepare them for the upcoming dry
season when many fires break out. As part of their drill set, they plan on driving on the
highway at a rate of speed higher than the speed limit while spraying their fire hoses at the
shoulder of the road. If a passerby is injured as a result, what will the court look at?
a. Whether it was unlikely that anyone could possibly be harmed by the activity

b. Whether there was reasonable care taken when performing the act

c. Whether the firemen usually do this type of activity in this location

d. Whether the firemen should have warned the passerby that they were spraying water

5. Which of these laid down as the basis of responsibility by rule in Reylands vs Fletcher
case?
a. Strict liability
b. Fault liability
c. Insurance liability
d. Conditional liability

6. Which of the Following of these is an essential condition of strict liability.

a. Dangerous substance
b. Escape
c. Non natural use of land
d. All ,a,b & c

7.. Strict liability applies to which of the following situations?

a. intentionally hitting a person with a golf club
b. accidentally running over a dog with a car
c. allowing a child your are babysitting to climb and fall off a tree
d. owning a dangerous, wild animal
8. Proving strict liability requires
a. causation only
b. causation and damages only
c. duty and breach only
d. damages only

9. Strict liability is a social policy decision by giving risks to people who

a. own domestic animals
b. ignore safety laws
c) pursue dangerous activities
d) all of these

10. Which is NOT a dangerous activity that would be covered by strict liability?
a. demolition company
b. chemical manufacturer
c. waste treatment plant
d. all of these

Remoteness of Damage
1. What was the rule laid down by the Privy Council in “Wagon Mound”
case?
a. The defendant is liable only for that injury which could be reasonably
foreseen as occurring due to defendant’s fault.
b. The defendant is liable for all the injuries which occurs as a direct
consequence of defendant fault.
c. The defendant is not liable unless and until the plaintiff proves that he
suffered injuries due to defendant’s negligence.
d. The defendant is not liable if he proves beyond doubt that the plaintiff
suffered injury owing to his contributory negligence.
Answer: (a)
2. Which of the following is not a type of intervening act?
a. An act of the claimant
b. An act of the defendant
c. A natural event
d. An act of the third party
Answer: (b)
3. What is the meaning of the legal maxim “Injure Non Remota Causa Sed
Proxima Spectatur”?
a. Proximate cause is looked at not the remote.
b. Remote cause is looked at and not proximate cause.
c. In law both remote and proximate cause is taken into consideration.
d. None of the above
Answer: (a)

4. What are the two test given for remoteness of damage?

a. Test of directness
b. Test of reasonable foresight
c. Both
d. None of the above
Answer: (c)
5. Which case is regarded as landmark case in test of directness?
a. Overseas Tankship ltd. V. Morts Dock and Engg. Co. ltd.
b. Smith V. London & South Western Railway Co.
c. Overseas Tankship ltd. V. The Miller Steamship Co.
d. Re Polemis & Furness V. Withy & CO.
Answer: (d)
6. What is the theory given in test of directness?
a. The defendant is liable for the wrongful act whether the consequence
of the act is too remote.
b. The defendant is liable for the wrongful act if the consequence of the act
is direct and not remote.
c. Neither a nor b
d. Both a and b
 Answer: (b)
7. In which case was the test of directness for the 1 time got rejected and
st

the new test was given?

a. Scott V. Shepherd
b. Haynes V. Harwood
c. Re Polemis & Furness V. Withy & Co.
d. Overseas Tankship ltd. V. Morts Dock & Engg. Co. ltd.
Answer: (d)

8. Which test of remoteness is used in India?

a. Test of directness
b. Test of reasonable foresight
c. Both the test is applied
d. Both these test is not used
Answer: (b)
9. What is the legal maxim used for new intervening act?
a. Non actus interveniens
b. Ubi juis ibi remedium
c. Volenti non fit injuria
d. Res ipsa loquitur
Answer: (A)
10. The Wagon Mound (No 1) establishes which principle for determination
of remoteness?
a. Direct consequences
b. Proximity
c. Fair just and reasonable
d. Reasonable foreseeability of the kind of damage
Answer: (d)

Doctrine of sovereign immunity MCQ

(1) What is the purpose of sovereign immunity?

a) The purpose of immunity is to protect foreign Heads of State from

embarrassment.
b) Immunity protects a State from being invaded by another.
c) Immunity shields States from being sued in the courts of other States.
d) The purpose of immunity is to offer impunity in respect of all crimes.

(2) What is an act jure imperii?

a) An act is jure imperii when undertaken by an international organisation.

b) An act is jure imperii when undertaken in an official State capacity.
c) Immunity shields States from being sued in the courts of other States.
d) An act is jure imperii when undertaken by a State corporation.

(3) What is an act jure gestionis?

a) Acts jure gestionis are those undertaken by States in a private capacity.

b) All purchases by the State are acts jure gestionis.
c) All acts undertaken by State corporations are jure gestionis.
d) All conduct undertaken by government officials in their free time is
considered jus gestionis.

(4) Is the unlawful homicide committed by Minister of country X abroad an act jure
imperii or jure gestionis?

a) Such conduct is a public act (jure imperii).

b) Such conduct never attracts immunity.
c) Such conduct is a private act (jure gestionis).
d) Such conduct is a public act but is shielded by immunity.

(5) What is the meaning of "act of State" doctrine?

a) The act of State doctrine denotes that all State acts attract immunity.
b) The act of State doctrine denotes that the assessment as to the
existence of an alleged tort committed by a State belongs to the executive
and not the courts.
c) The act of State doctrine denotes that the courts are well placed to
assess the existence of an alleged tort committed by the State.
d) The act of State doctrine is a legal mechanism that allows the courts to
provide immunity to public acts of foreign States.
(6) What is personal (ratione personae) immunity?

a) Personal immunity is afforded to all physical persons.

b) Personal immunity is that which is afforded in a personal capacity and
hence does not cover conduct of the State as such.
c) Personal immunity is afforded only to particular persons irrespective if
their conduct was undertaken in a private or public capacity.
d) Personal immunity is afforded to State officials for conduct undertaken in
a public capacity.
(7) What is functional (ratione materiae) immunity?

a) Functional immunity covers the person but not the act.

b) Functional immunity covers the act and incidentally also the person
committing the act.
c) Functional immunity covers the State and incidentally also the act.
d) Functional immunity covers both private and public acts as long as they
are sanctioned by the State.
(8) What was the outcome before the European Court of Human Rights in the Al-
Adsani case?

a) The Court held that the right to a fair trial trumped the privilege of
immunity.
b) The Court held that immunity trumped the right to a fair trial.
c) The Court held that immunities were not in conflict with the right to a fair
trial.
d) The Court held that human rights considerations prevailed over all other
contrary rules of international law, including most immunities.

(9) What is the principal source of immunity in respect of international

organisations (IOs)?
a) The principal source of immunity for IOs is the UN Charter.
b) The principal sources of immunity for IOs are headquarters agreements
and multilateral treaties providing specific immunities.
c) The principal source of immunity for IOs is customary law.
d) The principal source of immunity for IOs is the Vienna Convention on
Diplomatic Immunities.

(10) What was the most important finding by the House of Lords in the Pinochet
case?
a) The Pinochet case confirmed that former heads of State enjoy absolute
immunity.

b) The Pinochet case confirmed that all public acts enjoy immunity.
c) The Pinochet case confirmed that former heads of State cease to enjoy
personal immunity once removed from office.

d) The Pinochet case confirmed that in respect of immunities there is no

difference between a current and a former head of State.

Trespass to land (MCQ) :

1. Which section of Indian Penal
Code define criminal trespass to
land?
A] Section 241
B] Section 441
C] Section 305
D] Section 400
Answer : B] Section 441
2. Tort of trespass to land is
‘Actionable per se’. Here ‘Actionable
per se means —
A] The action is punishable.
B] The action is
punishable, proof of damage is
required.
C] The action is punishable, no
proof of the damage is required.
D] The action is not punishable.
Answer : [C] The action is punishable,
no proof of damage is
required.

3. If ‘A’ permits ‘B’ to remain on A’s

land for a specific period. ‘B’
continues to remain on A’s land,
then ‘B’ commits —
A] Trespss by abuse of licence.
 B] Continuing trespass.
C] Trespss by wrongful entry.
D] Trespss ab initio.
Answer : [A] Trespss by abuse of
licence

4. If a defendant enter into the

premises of the plaintiff, to remove
something unless it is unsafe to wait,
is called as —
A] Abating nuisance
B] self defence
C] Act of necessity
D] Re-entry
Answer : [A] Abating nuisance.

5. If a person leave an object on

another’s land, then it is —
A] Leave and licence
 B] Direct interference
C] Unauthorised interference
D] Continuing trespass.
Answer :[D] Continuing trespass.

6. Which of the following could not

sue in trespass to land?
A] A person in possession of the
land with a superior right to the
defendant.
B] The owner of the land.
C] A lodger in action against his
landlord.
D] A tenant in an action against
the free hold owner of the land.
Answer :[C] A lodger in action against
his landlord.
7. A person who is wrongfully
dispossessed of land, if peacefully and
without the use of force retake the
possession back, then it is called —
A] Self defence.
B] Act of necessity.
C] Prescription.
D] Reentry.
Answer :[D] Reentry

8. An _____ physical and unlawful

interference with the land which is in
the _____ of another person is called
as trespass to land.
A] Direct , Possession.
B] Indirect , Possession
C] Direct , Ownership
D] Indirect , Ownership
Answer : [B] Indirect , possession.
9. Which of the following situations
does not amount to a trespass to land.
A] Large queue for a concert hall
that extend on the pavement past
someone’s house.
B] Sitting on someone’s front
wall.
C] Foundation for an extension
built on the boundaries between
the two properties, which extend
a brick length under the
neighboring garden.
D] A ‘for sale’ sign that
overhangs the next door
neighbour’s garden.
Answer : [A] A large queue for a
concert
hall that extend on the
 pavement past someone’s
house.

10.Which of the following does not

count as land for the purpose of
trespass to land?
A] Any building erected on the
land
B] The surface of the land.
C] The airspace above the land to
an unlimited height.
D] The subsoil to a reasonable
depth.
Answer : [C] The airspace above the
land to an unlimited height.
Name: Rakesh Prakash Tore
Roll : 27
Topic: Negligence MSQ
 1. Which is NOT part of Negligence?
A. Duty of care.
B. Couse damage ( reasonably
Foreseeable)
C. Risk of death.
D. Breach of duty.

2. Which recent case has altered duty of

care?
A. Robinson.
B. Caparo.
C. Donoghue.
D. Bourhill.

3. Which is the leading case on

Negligence?
A. Donoghue v Stevenson.
B. Bourhill.
C. Paris.
D. Wagon mound.

4. The three elements of Negligence are:

A. Duty of care, breach of duty and
foreseeability.
B. Duty of care, foreseeability and
standard of care.
C. Damage suffered, damage caused by
the defendant’s Negligence and damages
not too remote from the defendant’s
negligent Act.
D. Duty of care, breach of duty and
damage.

5. Negligence involves:
A. A crime.
B. Carelessness.
C. Assault.
D. Trespass.
6. Which case involved a ship leaking oil?
. Bourhill.
A. Donoghue.
B. Paris.
C. Wangon mound.

7. Which recent case has altered duty of

care?
A. Robinson.
B. Caparo.
C. Donoghue.
D. Bourhill.

8. What case involved a man being

electrocuted?
A. Paris.
B. Caparo.
C. Bolam.
D. Roe.

9. Which is NOT part of the caparo test

for duty of care?
A. Breach of duty.
B. Fair just and reasonable.
C. Reasonable Foreseeable harm.
D. Proximity.

10. What does the damage have to be?

A. Legal.
B. Remote.
C. Factual.
D. Foreseeable.

Answers:
1. B
2. A
3. A
4. D
5. B
6. B
7. A
8. C
9. A
10. D
Topic: Trespass to Land/Trespass to Property MCQs
 Name: Aman Shriprakash Joshi
Roll No: 3
Class: LLB 3 years, Sem – I
Subject: Tort Law

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

a. 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

2. 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

3. Consider the following definition of trespass to land and identify which of the words below
taken from that definition are inaccurate.
An indirect physical and unlawful interference with land which is in the ownership of another
person.
(i) indirect
(ii) physical
(iii) unlawful
(iv) ownership
a) (i), (ii) and (iv)
b) (ii) and (iii)
c) (i) and (iv)
d) All of the words
Ans: C

4. Which of the following does not count as land for the purposes of trespass to land?

a) the surface of the land

b) any buildings erected on the land
c) the airspace above the land to an unlimited height
d) the subsoil to a reasonable depth
Ans: C

5. Which of the following situations does not amount to a trespass?

a) sitting on someone’s front wall

b) a ‘for sale’ sign that overhangs the next door neighbour’s garden
c) foundations for an extension built on the boundary between two properties which extend a brick
length under the neighbouring garden
d) a large queue for a concert hall that extends on the pavement past Gail’s house
Ans: D

6. Which of the following could not sue in trespass to land?

a) The owner of the land

b) A lodger in an action against his landlord
c) A person in possession of the land with a superior right to the defendant
d) A tenant in an action against the freehold owner of the land
Ans: B

7. Which of the following will provide a genuine defence to an action in trespass to land?

a) A statutory license under the Access to Neighbouring Land Act 1992 where the defendant has
possession of the neighbouring property and has entered for necessary maintenance of his own
property
b) A customary right to enter based on long use of the land
c) Necessity where the defendant has entered the claimant’s land to rescue a child from a house fire
on the land
d) A common law right to enter, for example where a bailiff has entered for collection of a debt
owed by the claimant by mistake because the claimant has already paid the debt
Ans: D

8. Which of the following is the most complete description of land for the purposes of trespass to
land?
a) The soil and any property built upon it
b) Buildings, soil, fields and forests
c) The soil itself and property built upon it, temporary structures, the reasonable airspace above the
land and the subsoil below the ground
d) Property, premises and pasture
Ans: C

9. What is trespass ab initio?

a) Aggravated trespass by which the defendant causes significant damage to property or harm to a
person found on the property
b) It is an act of group trespass that gives rise to an action against an organisation, such as a protest
group, rather than an individual
c) It is a term used to backdate the point at which the trespass occurred in relation to a person who
initially had permission to enter but who became a trespasser due to unreasonable behaviour
d) It is trespass that involves no harm or damage so cannot give rise to tortious liability
Ans: C

10. Ted's garden fence is in a state of disrepair. He fails to attend to it and the fence collapses into
Heather's garden. Does this amount to trespass on Heather's land?
a) No. The mere fact that the fence is on Heather's land is not sufficient to amount to trespass as
Heather has suffered no damage
b) No. There is nothing to suggest that Ted is aware that the fence is on Heather's land and a person
cannot be liable for trespass if they lack awareness of the interference
c) No. Ted did not deliberately place the fence on Heather's land so cannot be liable for trespass
d) Yes. Ted's failure to repair his fence has caused it to enter Heather's land and this will amount to
trespass
Ans: C
11. Which of the following is a defence to trespass? Select all that apply.
a) Consent
b) Habitual use
c) Mistake
d) Necessity
Ans: A and D

12. Which of the following amount to trespass? Select all that apply.
a) Taking a short cut across another's land
b) Staying in the public park after it closes at 8pm
c) Parking a car in a neighbour's drive
d) Falling off a bicycle into another's garden
Ans: A, B, C

13. Which of the following would amount to a contractual licence to enter land? Select all that
apply.
a) An unfenced area of land with no notices prohibiting entry
b) A theatre ticket
c) A 'Please enter' sign
d) Payment of a fee upon entering a car park
Ans: B, D

Rashtrasant Tukadoji Maharaj Nagpur

University’s
Dr.Babasaheb Ambedkar College of Law,
Nagpur

-ASSIGNMENT OF law of tort-

• TOPIC:- Justification / General defences in tort

(MCQs)

• Class:- LLB 1 YEAR (3YEARS)

ST
 • Roll no:- 15 th

• Assignment by:- prof. dr. pravina Khobragade

#submitted by:-
-Mohammad Saklen Abdul Kalam Khan

1.Tort is a special branch of Law which originated

in.

a. America

b. France

c. India

d. England

2. Law of tort has developed mainly through.

a. Customs and precedents

 b. Judicial decisions

c. Enactment

d. All the above

3. Which of the following is not a valid defence in

Torts?

a. Volenti Non Fit Injuria

b. Vis Major

c. Scienti Non Fit Injuria

d. Consent

4. The duty under the law of torts is towards?

a. Group of individuals

b. Particular community

c. Specific individual
 d. World at large
5. Vis major is an

a. Accident which can be controlled by human action

b. Action of an enemy

c. Inevitable accident beyond human control

d. Accident with strict liability

6. Volenti non fit injuria implies

a. No one should suffer injury voluntarily

b. Mere knowledge of the injury is not enough

c. The harm voluntarily suffered does not constitute legal injury

d. The harm voluntarily suffered constitutes legal injury

7. The remedy in tort law is

a. Unliquidated damages
 b. Restoration of original petition

c. Liquidated damages

d. Either a or c

8. Tort is a violation of

a. Right in Personam

b. Right in Rem

c. Both a and b

d. None of the above

9. A person cannot complain of harm which he has

exposed himself with knowledge and free will
refers to

a. Volenti non fit injuria

b. Act of God

c. Inevitable accident
 d. Ex turpi causa non oritur actio

10. Tort means

a. Wrong

b. Legal wrong

c. Legal civil wrong

d. All of these
Note: ANSWER was highlighted in yellow colour*

1. A person can claim damages for his own ignorance is called as

a. Composite Negligence
b. Negligence
c. Contributory negligence
d. None of the above.

2. The famous case of Rural Transport Service V. Bezlum Bibi (1980) is example of
a. Nuisance
b. Composite Negligence
c. Contributory negligence
d. None of the above.

3. Contributory Negligence is one of the defences available to

a. Plaintiff
b. Defendant
c. Judge
d. Investigation officer

4. When both the parties are negligent, then one of them who had the last opportunity to
avoid the accident by taking reasonable care
a. Should not be held liable
b. Should be held liable
c. Of himself
d. None of the above

5. Now a days Rule of Last opportunity is not a available

a. True
b. False
c. I don’t know
d. Partially available

6. When the ignorance of two or more persons results in the same damage, then there is
said to be
a. Contributory Negligence
b. Composite Negligence
c. Act of God
d. Res ipsa Loquitur

7. Persons responsible for causing damage due to Composite Negligence are called
a. Tortfeasors
b. Intentional doers
c. Ignoratn
d. None of the above

8. In contributory negligence, claim for damages by the plaintiff is reduced to the extent
of his portion of negligence.
a. True
b. False
c. May be
d. None of the above

9. Tortfeasors are allowed to ask for apportionment of liability

a. True
b. False
c. May be
d. None of the above

10. There is proximate relation between the acts of plaintiff and defendant in case of
a. Contributory negligence
b. Composite negligence
c. Nuisance
d. Trespass
MULTIPLE CHOICE QUESTIONS
Nervous shock
1. Which of the following are recognized psychiatric injuries for the
Purpose of a claim in nervous shock?
a. Post traumatic stress disorder
b. Claustrophobia
c. Grief
d. Pathological grief linked to severe depression
Answer: a & d both
2. Which of the following are necessary for a successful claim as a
secondary victim in nervous shock?
a. Reasonable fortitude
b. A recognized psychiatric injury
c. An injury that is caused by a single traumatic event
d. A close tie of love and affection with a primary victim of the incident
Answer: All of the above
3. Which of the following is not an aim of the law of torts?
a. To compensate the plaintiff
b. To deter from wrong doing
c. (a) & (c) both
d. None of the above
Answer: None of the above
4. To prove negligence, the burden of proof is generally on:
a. Defendant
b. Plaintiff
c. (a) & (b) both
d. None of these
Answer: Plaintiff
5. Which of the following is not the case of nervous shock?
a. By the negligent backing of the car by the driver, car dashed against a
tricycle rider boy, by hearing this, boy’s mother suffered nervous shock.
b. Joke reported to w, that her husband got seriously injured in an
accident, w suffered a shock.
c. A while watching news in television saw the accident scene and
suffered nervous shock.
d. By the negligent act of workers the breaking of a rope of the crane,
load fell on some workers working in the ship and the driver of crane
suffered nervous shock.
6. Which of the following is not the defense for negligence?
a. Contributory negligence
b. No duty
c. (a) & (b) both
d. None of these
Answer: None of these
7. Law of torts is a
a. Codified law
b. Uncodified law
c. Partially codified law
d. None of these
Answer: uncodified law
8. Which of the following are considered to be essentials for nervous
shock?
a. Necessary chain of causation between nervous shock and the death or
injury of one or more parties caused by the defendants wrongful act
b. Plaintiff is required to prove shock caused to him by seeing or hearing
something
c. Proximity to the accident was suffiently close in time and space.
d. All of the above
Answer: All of the above
9. Scofield made a joke to the wife of burrows stating to her that burrows
lost his legs in a car accident and the wife suffered a nervous shock. Will
scofield by liable?
a. Yes
b. No. It’s only a joke
c. Yes. Scofield has a bad intention
d. None of the above
Answer: Yes
10. A mother allowed her children to walk by themselves, a little way in
front of her. The defendant’s employee negligently secured a lorry, and it
rolled down a hill to the corner where the children were walking. She feared
that her children may have been injured, and coupled with a bystander
telling her a child had been injured, she suffered mental injury .
a. Defendant is not guilty
b. The mother herself has been negligent
c. Defendant is guilty as the nervous shock was foreseen
d. None of the above
Answer: defendant is guilty as the nervous shock was foreseen

Rashtrasant Tukdoji Maharaj

Nagpur University’s

Dr. Babasaheb Ambedkar College of

Law, Nagpur

Assignment – Law of Tort

Name – Kunal Sanjay Gode

Roll No – 12

Year Semester – 1st year (Ist sem)

Topic – General Defenses in Tort

Assignment by –
(Professor – Dr. Pravina Khobragde)

MCQ for General Defenses in Torts

1. Which among these is not a General Defence.
a) Mistake
b) Private Defence
c) Inevitable Accident
d) Public Defence

Ans: D

2. Which of the following is not a valid defence in Torts?

a) Volenti Non Fit Injuria
b) Vis Major
c) Scienti Non Fit Injuria
d) Consent

Ans. C

3. Volenti non fit injuria implies

a) no one should suffer injury voluntarily
b) mere knowledge of the injury is not enough
c) the harm voluntarily suffered does not constitute legal injury
d) the harm voluntarily suffered constitutes legal injury

Ans. C

4. A person cannot complain of harm which he has exposed himself with knowledge
and free will refers to
a) volenti non fit injuria
b) act of God
c) inevitable accident
d) ex turpi causa non oritur actio

Ans. A

5. Every person has a right of self defence, if his life is under imminent threat.
Facts: Mr. Moreno, a mafioso, threatens Mr. Bollinger that he will kill the latter. After
saying so, Mr. Moreno turns to take out his automatic firearm from his car. What
remedy does Mr. Bollinger have?
a) Mr. Bollinger will have to run away.
b) Mr. Bollinger will have to go to the Police Station and file a complaint.
c) Mr. Bollinger can exercise the right of private defence.
d) Mr. Bollinger cannot exercise the right of private defence.

Ans. C

6. A person cannot complain of harm which he has exposed himself with knowledge
and free will refers to
a) volenti non fit injuria
b) act of God
c) inevitable accident
d) ex turpi causa non oritur actio
Ans. A

7. Which of the defences below could be used in the following situation?

Raj, a batsman, hits a ball high in the air towards the boundary. The ball hits one of
the pillars to the stand and veers off at an angle hitting a spectator in the face
causing him to lose the sight in his eye.
(i) inevitable accident
(ii) Act of God
(iii) contributory negligence
(iv) volenti non fit injuria

a) (i) and (ii)

b) (ii) and (iii)
c) (i) and (iv)
d) (iii) and (iv)

Ans. C

8. Which of the following are general defences that can be used in any tort?
(i) illegality (ex turpi causa non oritur actio)
(ii) contributory negligence
(iii) Act of God
(iv) Planning permission

a) (i) and (ii)

b) (iii) and (iv)
c) (i), (ii) and (iv)
d) (ii), (iii) and (iv)

Ans. A

9. Which one of the following is NOT required to establish the defence of volenti?
a) The claimant must have voluntarily assumed the risk of injury.
b) The claimant must have voluntarily assumed the risk of having no legal redress.
c) The claimant must have been aware of the risk.
d) The claimant must have agreed to waive the right to claim for any injury that might
befall him.

Ans. A

10. Principle: An Act of God is an operation of natural forces so unexpected that no

human foresight or skill could reasonably be expected to anticipate it.
Facts: The Patanjali Housing Complex was celebrating its 10th Anniversary and
arranged for a concert by Shanikrama, a leading musical group. The event was
organized in one of the best auditoriums, and all the tickets were sold out. On the
day of the event, an earthquake destroyed many building including the auditorium.
People who had purchased the tickets asked for refund from the Patanjali Housing
Complex as the show could not take place.
a) The Patanjali Housing Complex must refund the cost of tickets.
b) The management of the auditorium must refund the cost of the tickets.
c) Neither Patanjali Housing Complex nor anyone else need to refund the cost of tickets
as it is an Act of God.
d) The ticket holders can demand the show to be organized at a later point of time.

Ans. C

RashtrsantaTukadojiMaharaj Nagpur University

 Dr. BabasahebAmbedkar College of Law

Assignment :- Tort (MCQ)

Name :- Pavan p. Sarise

Roll No. :- 56

Class Semester :-LL.B. 1 Semester New CBS

st

Topic :- Legal Remedies

1. Under tort what kind of damages are awarded?

a. Liquidated
b. Unliquidated
c. Vindictive
d. Exemplary
Ans. B
2. In tort the remedy is available against
a. Rem
b. Personam
c. Both a and b
d. None of the above
Ans. A

3. The punishments awarded in the case of tort are

a. Unliquidated
b. Imprisonment
c. Fines
d. Both (a) and (c)
Ans. C

4. 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)

5 .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

6 . Punitive punishments are not given in the cases of tort.’ This statement is

a. True
b. False
c. Depends on the case
d. None of these
Ans .a

7. What is 'ubi jus ibi remedium'?

a. Every law provides for remedies.
b. There is no wrong without a remedy.
c. If law is made, then corresponding remedy must also be made.
d. Every remedy presupposes some injury to somebody.
Ans .a
8. The defendant negligently backing a taxi cab ran into boy on the cycle
whose mother standing on the window of the house , saw from a distance and
got nervous shock.
a. Defendant is not guilty
b. The mother herself has been negligent
c. Defendant is guilty
d. Non of the above
Ans –a

9. The mother allowed her children to walk by themselves, a little way in front
of her. The defendant’s employee negligently secured a lorry, and it rolled down
a hill to the corner were walking . She feared that her children may have been
injured , and coupled with a bystander telling her a child has been injured , she
suffered mental injury.
a. Defendant is not guilty
b. The mother herself has been negligent
c. Defendant is guilt as the nervous shock was forseen
d. None of the above
Ans –c

10. Which of the following is a common law remedy?

a. Injunction.
b. b) Specific performance.
c. c) Damages.
d. d) Penalty.
Ans:- c

Rashtrasant Tukadoji Maharaj Nagpur University

Dr babasaheb ambedkar college of law Nagpur
Assignment:- Law of tort MCQ
Name:- Pankaj N Sakhare
Roll no:- 55
Class Semester:- LLB 1 year/ 1 Sem ( LLB 3yr)
st st

Topic :- Injunction ( Judicial Remedy )

Q1. An __________ means the order of the court restricting the person from doing,
continuing or repeating a wrongful act.
a. Damages (b) Injunction (c) Specific Restitution of Property (d) None of them
Q2. __________ means the order of injunction by the court for a specified time.
(a) Prohibitory Injunction (b) Mandatory Injunction
(c) The Mareva Injunction (d) Temporary Injunction
Q3. There are how many main category of Injunction
a. 5 (b) 4 (c) 3 (d) 2
Q4. Which of the following Injunction is false based on the nature of the order
a. Prohibitory Injunction (b) Mandatory injunction (c)Temporary Injunction
(d) The Mareva Injunction
Q5.prohibitory injunction means to ____________ a person from doing a continuous act,
which is against the plaintiff in his course of ordinary enjoyment of land or other property.
(a)restrict/ prohibit (b) allow (c) mandate (d) none of them
Q6. How we use injunction in law of tort
a. As a remedy (b) As a Suit (c) Both a & b (d) None of them
Q7. Based on time period classification of injunction
(a) Temporary Injunction (b) Permanent Injunction
(b) Mandatory injunction (d) both a & b
Q8. Under which injunction, the court mandate or direct someone to do the act?
(a) Prohibitory Injunction (b) Mandatory Injunction
(c) The Mareva Injunction (d) Temporary Injunction

Q9. Which one of the Injunction is is one of that Injunction which ultimately disposes of the
Injunction suit.
(a) Temporary Injunction (b) Permanent Injunction
(b) Mandatory injunction (d) both a & b
Q10. Injunction historically are issued, only when____________.
a. When the remedy at law is inadequate
b. When the remedy at law is adequate
c. When the remedy at law is not available
d. When the remedy at law is unknown
 Answer key

Q1 B Q5 A Q9 B
Q2 D Q6 A Q10 A
Q3 D Q7 D
Q4 C Q8 B

MULTIPLE CHOICE QUESTIONS

Nervous shock
1. Which of the following are recognized psychiatric injuries for the
Purpose of a claim in nervous shock?
a. Post traumatic stress disorder
b. Claustrophobia
c. Grief
d. Pathological grief linked to severe depression
Answer: a & d both
2. Which of the following are necessary for a successful claim as a
secondary victim in nervous shock?
a. Reasonable fortitude
b. A recognized psychiatric injury
c. An injury that is caused by a single traumatic event
d. A close tie of love and affection with a primary victim of the incident
Answer: All of the above
3. Which of the following is not an aim of the law of torts?
a. To compensate the plaintiff
b. To deter from wrong doing
c. (a) & (c) both
d. None of the above
Answer: None of the above
4. To prove negligence, the burden of proof is generally on:
a. Defendant
b. Plaintiff
c. (a) & (b) both
d. None of these
Answer: Plaintiff
5. Which of the following is not the case of nervous shock?
a. By the negligent backing of the car by the driver, car dashed against a
tricycle rider boy, by hearing this, boy’s mother suffered nervous shock.
b. Joke reported to w, that her husband got seriously injured in an
accident, w suffered a shock.
c. A while watching news in television saw the accident scene and
suffered nervous shock.
d. By the negligent act of workers the breaking of a rope of the crane,
load fell on some workers working in the ship and the driver of crane
suffered nervous shock.
6. Which of the following is not the defense for negligence?
a. Contributory negligence
b. No duty
c. (a) & (b) both
d. None of these
Answer: None of these
7. Law of torts is a
a. Codified law
b. Uncodified law
c. Partially codified law
d. None of these
Answer: uncodified law
8. Which of the following are considered to be essentials for nervous
shock?
a. Necessary chain of causation between nervous shock and the death or
injury of one or more parties caused by the defendants wrongful act
b. Plaintiff is required to prove shock caused to him by seeing or hearing
something
c. Proximity to the accident was suffiently close in time and space.
d. All of the above
Answer: All of the above
9. Scofield made a joke to the wife of burrows stating to her that burrows
lost his legs in a car accident and the wife suffered a nervous shock. Will
scofield by liable?
a. Yes
b. No. It’s only a joke
c. Yes. Scofield has a bad intention
d. None of the above
Answer: Yes
10. A mother allowed her children to walk by themselves, a little way in
front of her. The defendant’s employee negligently secured a lorry, and it
rolled down a hill to the corner where the children were walking. She feared
that her children may have been injured, and coupled with a bystander
telling her a child had been injured, she suffered mental injury .
a. Defendant is not guilty
b. The mother herself has been negligent
c. Defendant is guilty as the nervous shock was foreseen
d. None of the above
Answer: defendant is guilty as the nervous shock was foreseen