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LAW OF TORTS

1. Damnum sine injuria means


(a)an objective right
(b) suffering a loss without violation of legal right
(c) violationof legal right and suffering of loss
(d) violation of legal right
2. Ashby v white is a leading case on
(a)injuria sine damno
(b) damnum sine injuria
(c) sine injuria abseque
(d) audi altrem partem
3. The Pegion hole theory is related to
(a) Law of torts
(b) Law of tort
(c) Law of tortious tort
(d) Law of negligence
4. Which of the following does not constitute a General defence in Torts
(a) volenti non fit injuria
(b) injuria sine damno
(c) vis major
(d) all of the above
5. For constituting tort of nuisance there should be
(a) Unreasonable interference
(b) Interference should be with the use of enjoyment of land
(c) All of the above
6. Defamation is
(a) Civil wrong
(b) Criminal wrong
(c) Civil as well as criminal wrong
(d) None of the above
7. Remoteness of damages is determined by
(a) The test of directness
(b) The test of reasonable foreseeability
(c) Both (a) & (b)
(d) None of the above
8. The definition of tort is contained in
(a) The General Clause Act 1897
(b) The Limitation Act, 1963
(c) The Indian Penal Code, 1860
(d) The Indian Contract Act 1872
9. Tort is redressible by an action
(a) For restoration of original position
(b) For unliquidated damages
(c) For liquidated damages
(d) All of the above
10. The rule of strict liability is based on the decision in
(a) Donouge v. Stevenson
(b) Reyland V fletcher
(c) Lumely V Gye
(d) Champman V Pickersgill
11. Tort is a violation of
(a) A right in personam
(b) A right in rem
(c) Both (a) and (b)
(d) Neither (a) nor (b)
12. The standard of care generally used in cases of negligence is the
(a) skill and care of a professional person
(b) care taken by an intelligent and prudent man
(c) foresight of a prudent man
(d) skill and foresight of an ordinary person of prudence and competence
13. Two persons are said to be joint tort-feasors when
(a) a person on account of his negligence gives opportunity to another for committing
a tort
(b) two or more persons are. simultaneously involved in committing a wrong
(c) a tort is committed by two or more persons or any one of them when they are
engaged in furtherance of a concerted purpose
(d) two persons together commit a tort
14. In which one of the following cases has the test of directness for determining the
remoteness of damage been applied?
(a) Donoghue v. Stevenson
(b) Re Polemis
(c) Wagon Mound No. 1
(d) Doughty v. Tumer Manufacturing Co.Ltd
15. The principle of absolute liability in the Indian tort law is applicable when damage is
caused by the activity or escape of
(a) hazardous material only
(b) poisonous material
(c) inherently dangerous material only
(d) hazardous or inherently dangerous material
16. Which one of the following is the gist of the cause of action for tort of conspiracy?
(a) An agreement between defendants to do an unlawful act
(b) An agreement and overt act by the defendants
(c) An agreement and oven act causing damage to the plaintiff
(d) Unlawful combination causing or not causing damage to the plaintiff
17. For an action of nuisance, the following have been put up as defenses:
1. The place is suitable for the purpose.
2. It is for the benefit of the locality.
3. It is done under statutory authority?
Which of the defenses given above is/are correct?
(a) 1,2and3 (b) 1 only (c) 2and3 (d) 3only
18. Which one of the following elements is not necessary to have a private right of action
in respect of a public nuisance?
(a) The plaintiff must show a particular injury to himself beyond that which is
suffered by the rest of the public
(b) The injury must be of a substantial character
(c) The nuisance must be caused by negligence
(d) The injury must be direct and not consequential injury
19. Which of the following remedies are available in an action in the tort of nuisance?
1. Abatement 2. Injunction 3. Specific restitution 4. Action for
damages
Select the correct answer using the code given below:
(a) 1, 2 and 4 (b) l and 3 (c) 2 and 4 (d) 1, 2, 3 and 4
20. Tort implies a twisted or tortious
(a) Consent b)Volition c)Conduct d)Deterrence
21. Gloucester Grammer School case explains
(a) Injuria sine damno b)Damnum sine injuria
c)Respondeate superior d)Remoteness of damages
22. In tortious liability
(a) state of mind of a person is relevant
(b) state of mind of a person is irrelevant
(c) State of mind is relevant in some cases while is irrelevant in other cases
(d) Neither (a) nor (b)
23. Malice in law means
(a) Wrongful act done intentionally but without just cause or excuse
(b) Wrongful act done intentionally with just cause or excuse
(c) Wrongful act done intentionally with good motive
(d) Wrongful act done intentionally with evil motive
24. Under the law of torts, the damages are
(a) Liquidated b)Unliquidated c)Unliquidated and limited d) Limited
25. Legal right means
(a) Rights organised by law and enforceable by society
(b) Rights recognised by society and enforceable by law
(c) Rights recognised and enforceable by law
(d) Rights recognised and enforceable by society
26. For an action in torts
(a) There should be violation of legal rights
(b) Damages should have accrued to plaintiff whether there is a violation of legal
right
(c) Violation of right is essential
(d) None of the above
27. The term tort is said to originate from
(a) Tortum b)Tortel c)Tortus d)Tort
28. Liability in tort depends on
a)Quantum of damages b)Involvement of intention
c)Infringement of legal right d)Effect on public interest
29. The rule of absolute liability is subject to
(a) All the exceptions mentioned in rule of Ryland Vs. Fletcher
(b) Half of the exceptions mentioned in rule of Rylands Vs. Fletcher
(c) None of the exceptions mentioned in rule of Ryland Vs. Flecther
(d) All the exceptions mentioned in rule of M.C. Mehta Vs. Union of India
30. Qui facit per alium facit per se means
(a) Act of an agent is the act of principal
(b) Act of an agent is not the act of principal
(c) Principal and agent liable jointly
(d) Agent must not act in contravention of the act of principal
31. Nuisance is a form of tort
(a) Which is actionable per se
(b) It is not actionable per se
(c) Actionable per se if plaintiff suffers pecuniary loss
(d) None of the above
32. Negligence is a
(a) failure to take care
(b) failure to take due care
(c) failure to take all necessary care
(d) failure to take duty
33. Slander means publication of defamatory statement in
(a)transit form
(b)permanent form
(c)permanent as well as transit form
(d)none of the above
34. Under Indian law
(a)libel is actionable per se
(b) slander is actionable per se
(c) libel as well as slander is actionable per se
(d) none of the above
35. Which of the following is not a defence for negligence?
(a) Contributory negligence
(b) No duty
(c) (a) and (b)
(d) None of the above
36. 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
37. Facts - A establishes a coaching class and charges ₹5,000 per year as fees. A's
neighbour B establishes another coaching class thereby creating a compensation; this
forces A to reduce his fees to ₹3000 per year.
Question - Can A claim damages from B for the loss caused to him?
a. Yes, he can as B has violated his legal right.
b. No, A has reduced the fees on his own.
c. No, because though there was damage there was no legal injury
d. none of the above
38. X, the owner of a car, asked his friend Y to drive the car to his office. As the car was
near his (X's) office, it hit a pedestrian P on account of Y's negligent driving and
injured him serioisly. P sued X for damages. P sued X for damages.Which one of the
following is correct?
a. X is not liable as it was negligence on the part of Y
b. the liability was solely of Y as X was not accompanying him
c. as Y was driving under X's care and authority, X is liable
d. X is not liable under the principle of inevitable accidents
39. Ram, snake charmer, was exhibiting his talents to a group of people. One of the
snakes escaped and bit a child who had to be hospitalized for 2 days for treatment.
a. Ram is liable to compensate the child's family for his careless act
b. Ram is not liable to anything as such things keep happening
c, Ram is not in a position to compensate as he is poor
d. none of the above
40. Veeranna owns a farm at a distance of half a furlong from the railway track. He stored
in his land the stacks of dried up straw after the cultivation as is normal in farming .
One day when the train was passing through the track, the driver was negligently
operating the locomotive by allowing it to emit large quantities of spark. The high
wind, normal in open fields, carried the sparks to the stacks stored by Verranna and
the stacks caught fire thereby causing extensive damages. Veeranna filed a suit
against the railway claiming damages. The railways while acknowledging liability
alleged contributory negligence on the part of Veeranna.
a, Veeranna was not liable since his use of land was lawful
b. Veeranna's farm being at a reasonable distance from the railway track, he cannot be
held liable for the high winds
c. Veeranna should have anticipated the possibility and hence he is liable for
contributory negligence
41. An old man was walking in a narrow one-way lane in the opposite direction. It was
night time and there was no street lighting. A car moving in a right direction nut
without headlights knocked him down since the driver could not see him. He filed a
suit against the driver.
a. He would loss because he violated the traffic rules in the first instance
b. He would loss, because he voluntarily exposed herself to risks
c. The driver would lose, because he drove without proper headlights
42. In order to win a negligence suit, a plaintiff must prove
a) Breach of duty
b) Actual injury
c) Causation
d) All of the above
43. The standard of care generally used in cases of negligence is the
(a) skill and care of a professional person
(b) care taken by an intelligent and prudent man
(c) foresight of a prudent man
(d) skill and foresight of an ordinary person of prudence and competence

44. Two persons are said to be joint tort-feasors when


(a) a person on account of his negligence gives opportunity to another for committing
a tort
(b) two or more persons are. simultaneously involved in committing a wrong
(c) a tort is committed by two or more persons or any one of them when they are
engaged in furtherance of a concerted purpose
(d) two persons together commit a tort

45. In which one of the following cases has the test of directness for determining the
remoteness of damage been applied?
(a) Donoghue v. Stevenson (b) Re Polemis
(c) Wagon Mound No. 1 (d) Doughty v. Tumer Manufacturing Co.Ltd

46. Match List-I with List and select the correct answer using the code given below the
lists:
List-I List-II
(Nature of tort) (Ingredient)
A. Private nuisance 1.Interest in land
B. Public nuisance 2.Addressed to the eye
C. Libel 3.No interest in land
D. Slander 4.Addressed to the ear
Code:
ABCD
(a) 1 2 3 4 (b) 1 3 2 4 (c) 4 3 2 1 (d) 4 2 3 1

47. For an action of nuisance, the following have been put up as defenses:
1. The place is suitable for the purpose.
2. It is for the benefit of the locality.
3. It is done under statutory authority?
Which of the defenses given above is/are correct?
(a) 1,2and3
(b) 1 only
(c) 2and3
(d) 3only
48. Which of the following remedies are available in an action in the tort of nuisance?
1. Abatement
2. Injunction
3. Specific restitution
4. Action for damages
Select the correct answer using the code given below:
(a) 1, 2 and 4 (b) l and 3 (c) 2 and 4 (d) 1, 2, 3 and 4
49. “A failure to uphold a reasonable duty” is known as
a) Damages b) Breach c) Proximate causation d)Actual causation
50. Torts are grounded in the concept of
a) law b. court c. rights d. sincerity
51. 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.
52. Which of the following is an example of trespass?
a. Sue walks in front of Ron’s house, staying on the sidewalk.
b. Jim hunts on David’s land without David’s permission. While there, Jim shoots one
of David’s cows, mistaking the cow for a deer. David 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.
53. A loud bass beat that can be heard through an apartment wall (from another
apartment) at midnight can be classified as
a. Nusiance
b. Trespass
c. Interference with contractual relations d. Conversion
54. A private nuisance affects only one family.
a. True
b. False
55. Defamation involves:
a. using a weapon.
b. at least 5 people to be present.
c. a contract.
d. making false statements about someone.
56. 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.
57. A written statement that damages someone’s reputation is not considered libel if it is
never communicated to another person than the person who wrote the statement. In
other words, the person who wrote the statement never showed it to anyone.
a. True
b. False
58. Which of the following constitutes slander?
a. Melissa tells Roger that Connie stole $500 from the cash register at work, even
though Melissa knows this is not true.
b. Melissa writes an e‐mail to Roger falsely stating that Connie stole $500.
c. Diane calls Melissa a liar in court.
d. Dan tells Roger, his boss, that Melissa stole $500 from the cash register at work.
Dan and two other employees saw this.
59. Credit bureaus must inform you about the information they have about you when you
ask.
a. True
b. False
60. If you purchase an item on‐line from American Eagle, American Eagle can keep your
credit or debit card information even if you do not want them to keep it on file.
a. True
b. False
61. Negligence involves:
a. a crime
b. carelessness
c. assault
d. trespass
62. This tort occurs most often in society.
a. Assault
b. Nuisance
c. Defamation
d. Negligence
63. 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
64. If an injury that occurred as a result of negligence was not foreseeable at the time the
defendant engaged in unreasonable actions, there was no proximate cause in the tort
case. With no proximate cause, negligence will not hold up in court.
a. True
b. False
65. Jill ran five miles yesterday, and right before she was done she fell and cut her arm so
badly it required stitches. Today, Carl bumped into Jill in the office because he was
carelessly not watching where he was going as he was spinning around and around in
a hallway. The impact caused Jill’s stitches to bleed. Jill then sued Carl for
negligence, trying to recover the cost of her doctor’s bill. Jill’s negligence will not
hold in court because:
a. It lacks duty of care.
b. It lacks a breach of duty.
c. It lacks proximate cause.
d. It lacks actual harm.

66. Which of the following involves comparative negligence?


a. Ashley ran a red light because she was changing the song on her iPod. Ashley hit
Jan head on.
b. Ashley failed to stop at a four‐way‐stop because she was changing the song on her
iPod. Jan only looked one way before leaving the same four‐way‐stop. Ashley and Jan
crashed into each other.
c. Jan stopped at a four‐way‐stop and looked both ways two times before proceeding.
d. Ashley stopped at a four‐way‐stop only briefly and hit Jan, who was crossing the
intersection after stopping fully at her stop sign and looking all ways before
proceeding.
67. Which of the following illustrates the assumption of risk negligence defense?
a. Yancy goes for a ride with Jim and they crash. Jim is known for speeding.
b. Tracy goes for a ride with Clara. Clara was once pulled over for failing to stop at a
stop sign.The two are in an accident in which Tracy was injured.
c. Bob offers Jake a ride. Jake knows that Bob has been in three car accidents, so
declines the offer.
d. Bob offers Jake a ride. Jake knows that Bob is a safe driver so accepts the ride.
68. Sarah and Nathan have been keeping a lion in their back yard. They found it as an
abandoned cub that had somehow escaped from its cage at a local zoo. The couple
decided to sneak the lion home and raise it. Sarah and Nathan were very careful to
keep the lion within their strong fence, but as a full grown lion it escapes and bits a
neighborhood child. Can Sarah and Nathan be sued for strict liability?
a. No, because they were so careful with the lion it was simply an unfortunate
accident.
b. Yes, even though they were careful they are still liable for the injury.
c. Yes, because they did not follow a local ordinance that required at least two fences
for lion pets.
d. No, the zoo is held liable because the lion was from the zoo.
Unit I:- General Principles of Tort
Nature and Principles of Tort: Historical development of Laws of Torts and
applicability in India. Basic foundation of Law of Torts, Meaning, Ingredients,
Relevancy of Mens Rea & Malice, , Felonious & Foreign Tort, Constituents of
Tortuous liability.
Short type question

1. Distinguish between tort and crime.


2. Define tort.
3. What are the conditions of tortious liability?
4. Differentiate between tort and breach of contract.
5. Write short note on the different kinds of tort
6. Distinguish between injuria sine damno and damnum sine injuria.
7. Explain ubi jus ibi remedium
8. Distinguish between Malice in law and Malice in fact
9. What do understand by felonious tort?
10. Whether the same wrongful act may be both tort as well as crime.
11. Is it necessary that to become a crime an act must be tort? Discuss.
12. Explain Malfeasance, misfeasance and Non- feasance.
13. When can a corporation sue or be sued for tort?
14. Distinguish between intention and motive.
15. Can an infant sue for any wrong done to him? Explain with cases.
16. Married women can be sued or not. Explain
17. Can a corporation sue for defamation?
18. Whether corporation liable for fraud or malice?
19. Where there is no legal remedy there is no legal wrong. Explain in detail with
examples.
20. All wrongful act is a tort. Explain.

Long type
1. Discuss the relevance of mental element in determining tortious liability
2. “All torts are civil injuries but all civil injuries are not torts.” Explain the statement
and bring out the essential characteristics of a tort.
3. Enumerate the person who cannot sue and be sued.
4. Should this subject be called law of Tort or Torts? Explain in the light of Winfield
and Salmond Theory.
5. What is ‘Pigeon Hole Theory’? Explain in the light of Salmond’s Theory. Discuss
also about Winfield’s theory based on general principle of liability.

Unit II:- Justification in Tort and Legal Remedies


-General defences – Inevitable accident, Act of God, Statutory Authority, Volenti-
non fit injuria.
-Remedies & Damages : Judicial & extra-judicial remedies Direct & consequential
Cause, Remoteness test

1. What is judicial and extra judicial remedies for torts?


2. What are the extra judicial remedies for tort?
3. Distinguish between general damages and special damages.
4. What do you understand by general defences?
5. Distinguish between inevitable accident and Act of God.
6. What are the three fundamental principles upon which the law proceed to determine
the measure of damages?
7. Discuss the different kinds of damages.
8. What is remoteness of damages?
9. Explain the maxim Novus Actus Interveniens.
10. Distinguish between necessity and private defence.
11. Explain ‘Volenti non fit injuria is not scinti non fit injuria.
12. What are the essential conditions of volenti non fit injuria?
13. What are the two things necessary to apply the maxim Volenti non fit injuria?
14. What are the limitations of Volenti non fit injuria?
15. Define private defence.

Long Type
1. What do you understand by judicial and extra judicial remedies for torts? State the
remedies available under the law of torts.
2. What are the General defences in an action for tort.
3. Explain the test of reasonable Foresight and the test of Directness with the help of
decided cases to determine if the damage is remote or not.
4. Define Novus Actus interveniens . What are the exceptions to the rule of this maxim.
5. What are the rules of immunity which limit the liability otherwise imposable under
Law of Tort?

Unit III:- Liability for Tort committed by others


-Vicarious liability – By relation and ratification – Doctrine of Course of employment,
Common employment, Independent Contractor
- Immunity from tortuous liability – Partial and Total in the Context of minority,
husband and wife relationship, married women, Sovereign immunity and Act of State.

Short Type
1. Explain the doctrine of common employment.
2. State the principles on which the vicarious liability is based.
3. What do you understand vicarious liability?
4. Discuss the different modes in which the vicarious liability arises.
5. “Minority is no defence in the law of torts” Discuss.
6. Differentiate between independent contractor and servant.
7. Define course of employment?
8. What are the exceptions and limitations of doctrine of Common Employment?
9. State the conditions when the employer will be liable for the wrong committed by
the independent contractor.
10. Define course of employment.
11. Discuss briefly the liability of infants in torts. When is a parent or guardian liable
for the torts of a child?

Long Type
1. When a person becomes liable for wrong committed by other persons? Explain.
2. What are the different ways in which master becomes liable for the wrongful act of
his servants?
3. What do you understand by vicarious liability? Discuss the main incidents of Master’s
liability?
4. State and explain the principles governing the vicarious Liability with the help of
judicial decisions
5. Explain the doctrine of common employment and state if the plea can be set up as
defence in England and India.

Unit IV: Torts against persons and property:


(a) As to person – Assault, Battery, Mayhem & False imprisonment, Malicious
Prosecution Defamation,
(b) As to Property: Trespass, Trespass ab-intio,
(c) As to Person & Property-Negligence-Contributory Negligence, Test of Standard of
care, Defences
(d)Nuisance – Public & Private remedies.
Short Type
1. What do you understand by trespass to person?
2. Distinguish between assault and battery.
3. What are the essential ingredients for an action of assault?
4. Define assault, battery and mayhem.
5. What must the plaintiff prove in an action of battery?
6. What are the defences to an action for assault and battery?
7. State the legal effect of assault, battery and mayhem.
8. Distinguish between false imprisonment and malicious prosecution.
9. What are the essentials of false imprisonment?
10. What justification can a defendant set up in an action for false imprisonment?
11. What must the plaintiff prove in an action of defamation?
12. Distinguish between libel and slander.
13. What do you understand by innuendo?
14. Can a corporation sue for defamation?
15. Distinguish between absolute privilege and qualified privilege.
16. Define negligence and its essential ingredients.
17. Is negligence a specific tort?
18. In an action for negligence what are the defences available to a defendant?
19. Contributory negligence can be applied in rescue cases? Explain with the relevant
case.
20. Distinguish between volenti non fit injuria and contributory negligence.
21. State the certain circumstances when contributory negligence is no defence.
22. Is contributory negligence is applied to the children?
23. Explain the rule of neighbourhood.
24. Discuss the rule of last opportunity.
25. What are the limitations of the doctrine of last opportunity?
26. What are the valid defences to an action for nuisance?
27. What are the essential for an action of private nuisance?
28. Explain the maxim Res ipsa Loquitor.
29. Discuss the limitations to the rule of Res ipsa loquitor.
30. What are the essential conditions for the application of Res ipsa loquitor?
31. Who can sue for nuisance?
32. Who is liable for nuisance?
33. What are the remedies against private nuisance to the aggrieved?
34. Can a private person bring an action for public nuisance? Explain.
35. Is defamation of a dead person actionable in tort. Explain.
36. Is intention or motive immaterial in defamation. Explain with relevant cases.
37. When slander will be actionable per se?
38. Distinguish between strict liability and absolute liability.
39. Define Malicious Prosecution and its essentials
40. Discuss the condition of liability in an action for malicious prosecution.
41. State the liability of a corporation for malicious prosecution.
42. What do you understand by publication?
43. State the principles that govern the rule of publication of a defamatory statement.
44. Is the defamatory statement between the husband and wife is a publication?
Long Type
1. Define defamation and its essential ingredients.
2. A man’ reputation is the estimate in which others hold him, not the opinion which he
has of himself- Discuss.
3. Discuss the defence available in an action for defamation.
4. Explain the rule of strict liability laid down in Ryland V Fletcher case and its
exceptions. Is it applicable in India.
5. What is false imprisonment and what are the justification available in an action for
false imprisonment to defendant?
6. Distinguish between ‘Libel’ and ‘slander’? Is it relevant in India in the context of
defamation. Discuss in detail.

CONSUMER PROTECTION ACT 1986


1.The Consumer protection act 1986 enacted in
a) 15-Jun-05 b)24 Oct-86 c)24-Dec.-86 d)1Jan 1986
2. The Consumer protection act 1986 extends to
a) The whole India b)The whole India except Nagaland tribal area,
c)The whole India except Nagaland tribal area and Jammu and Kashmir
d. The whole India except Jammu and Kashmir

3. Appropriate laboratory means a laboratory or organization


a. Recognized by Central Government
b. Recognized by state government
c. Both the above
d. None of the above

4. Complainant means
a. Consumer
b. Any voluntary consumer association registered under the companies act 1956
c. The central govt or any state govt
d. All the above

5. Complaint means allegation in writing made by a complainant that


a. An unfair trade practice or restrictive trade practice has been adapted by any traders or
service provider
b. The goods bought by him or agreed to be bought by him suffer from one or more defect
c. A traders or the service provider as the case may be has charged for the goods or for the
services mentioned in the complaint a price in excess of the price
d. All the above

6. The following is not a consumer


a. The insurance company b. A licensee to run a phone
c. A lottery ticket holder d. All the above

7. The central consumer protection council shall consist of the following members
a. The minister in charge of consumer affairs in the central government, who shall be its
chairman
b. Such member of other official or non-official members representing such interest as may
be prescribed
c. The Chief justice of high court
d. Both A&B
8. The central council shall meet as and when necessary but at least ___ meeting of the
council shall be held every year
a. One b. Two c. Three d. Four
9. Object of the central council is
a. The right to be protected against the marketing of goods which are hazardous to life and
property
b. The right to informed about the quality , quantity, potency, purity, standard and price of
goods so as to protect the consumer against unfair trade practices
c. The right to be assured, wherever possible access to a variety of goods at competitive
prices
d. The right to heard and to be assured that consumer interests will receive due consideration
appropriate fora
e. All the above

10. Members of state consumer protection council should not exceed


a. Two b. Five c. Ten d. Three

11. The chairman of the district consumer protection council is


a. District magistrate b. Collector of the District
c. MP of the district d. None of these

12. Which one of the following know as Consumer disputes redressal agency?
a. District forum b. State commission
c. National commission d. All the above

13. President of District Forum is


a. Collector of the district
b. A person who are qualified as advocate
c. A person who are qualified to be a district judge
d. None of these

14. Mark the correct option relating to district forum


a. It should have two member , one of whom shall be a woman
b. Members age shall not be less than 35 years old
c. Possess a bachelors of degree from recognized university
d. Ten year knowledge and experience in dealing with problems relating to economics, law,
commerce, accountancy, industry& public affairs
e. All the above

Q.15 The disqualification of the member is


a. Has been convicted and sentenced to imprisonment for an offence which , in the opinion
of the state govt involves moral turpitude
b. Is an undercharged insolvent
c. Is of unsound mind
d. All the above

Q.16 Every appointment of district forum shall be made by the state govt on the
recommendation of a selection committee consisting of the following
a. President of the state commission shall be a chairman
b. Secretary, law dept of the state shall be a member
c. Secretary, incharge of dept dealing with consumer affair shall be a another member
d. All the above

17. Who will working as president in case absence of the president of State Commission?
a. Governor b. Chief minister
c. A sitting judge of High court d. Chief justice of high court
18. Mark the correct option
a. Every member of district forum shall hold office a term of 5 years or up to age 65 years
b. The member of district forum shall eligible for reappointment for another term
c. Members of district forum may resign his office in writing addressed to state government
d. All the above

19. Jurisdiction of district Forum for is rupees


a. Exceed twenty lac b. exceed 50 lac
c. Up to twenty lac d. twenty to fifty lac

20. The complaint shall ordinarily be decided within


a. Twenty one days from the date on which the complaint was received
b. Thirty days from the date on which the complaint was received
c. Forty five days from the date on which the complaint was received
d. No time limit

Q.21 Where the complaint alleges a defect in the goods which cannot be determined without
proper analysis or test of the goods, the sample of goods forwarded to appropriate laboratory
for laboratory test. Such types of case finding report within ______days
a. 30 b. 40 c. 45 d. 60

Q.22 Every complaint shall be heard as expeditiously as possible and endeavour shall be
made to decide the complaint within a period of ____from the date of receipt of notice by
opposite party where the complaint does not require analysis or testing of commodities and
within____, if it requires analysis or testing of commodities.
a. 3 Months, 5 months b. 45 days, 90 days c. 30 days, 90 days d. None of these

23. Provided that the minimum amount of sum so payable shall not be less than ____ of the
value of such defective goods sold or services provided, as the case may be to such
consumers
a. Rs 25000/- b. 10%
c. 5% d. None of these

24. Any person aggrieved by an order made by the District forum may prefer an appeal such
order to the State commission within
a. 60 days b. 90 days
c. 1 month d. Thiry days

25. Any person prefer an appeal to State Commission shall be deposited amount in prescribed
manner
a. Fifty percent of that amount b. Twenty five thousand rupees
c. Whichever is less of the above A&B d. None of these

26.Section 24B of the Consumer Protection Act'1986 was inserted after the amendment made
on
a) 1993 b)1999 C)2003 d)2006

27. The Act provides ………. set up to solve consumer disputes.


a)Executive b). Judicial c) Quasi-judicial d)Quasi executive

28 Every complaint under the Act must be based on


1. Cause of action
2. Fault in goods only
3. Deficiency related to service only
4. FIR
29 The District Consumer Forum is established by
1. The state Govt.
2. The central Govt.
3. The High Court
4. None of the above
30. Every member of the District Forum shall hold office
1. for a term of five years
2. upto the age of 65 yrs.
3. upto the age of 68 yrs.,
4. either 1 or 2
31. Against the order of National Commission a person can appeal to

a. Supreme court
b. High court
c. There is no provision of appeal against the order of National Commission
d. None of the above
32. The District Consumer Dispute Redressal Forum is :
(a) Judicial forum
(b) Quasi –judicial forum
(c) Arbitrary forum
(d) None of the above
33. The jurisdiction of the State Commission are
(a) Original jurisdiction
(b) Revisional jurisdiction
(c) Supervisory jurisdiction
(d) All of the above
34. Every complaint related with defects of goods or commodities shall be heard
(a) Within 3 months
(b) Within 6 months
(c) Within 5 months
(d) There is no limitation of days
35. Who are the members of the selection committee of the State Commission
(a) President of the State Commission
(b) Secretary in-charge of the Department dealing with Consumer Affairs in the State
(c) Secretary of the Law Department of the State
(d) All of the above
36. Any person prefer an appeal to the national Commission shall deposit
(a) Fifty per cent of the amount
(b) Thirty five thousand
(c) Whichever is less of the above (a) & (b)
(d) None of the above
37. The consumer Protection Act enacted on
a. 24th Oct, 1986
b. 24th Oct 1987
c. 24th Aug. 1985
d. 15th July 1987
38. As per section 2(1)(b) of Consumer Protection Act 1986, "complainant" means
(a) a consumer
(b) any consumer association registered under the Companies Act, 1956
(c) the Central Government or any State Government,
(d) All the above

39. As per section 2(1)(c) of Consumer Protection Act 1986, "complaint" means any
allegation in writing made by a complainant that a trader or service provider has
charged for the goods or service a price in excess of the price
(a) fixed by or under any law for the time being in force
(b) displayed on the goods or any package containing such goods
(c) displayed on the price list exhibited by him
(d) agreed between the parties;
Codes:
(a) (a), (b) & (c)
(b) (a), (c) & (d)
(c) (a), (b) & (d)
(d) (a), (b), (c) & (d)

40. In case of death of a consumer who can prefer compliant under Section 2(1)(b) of
Consumer Protection Act 1986
(a) his legal heir or representative
(b) State Government
(c) consumer association registered under the Companies Act, 1956
(d) No one can prefer complaint

41. As per Section 2(1)(a) of Consumer Protection Act 1986, 'appropriate laboratory'
means a laboratory or organisation
(i) recognised by the Central Government
(ii) recognised by a State Government
(iii) financed or aided by the Central Government or a State Government for carrying
out analysis or test of any goods with a view to determining whether such goods
suffer from any defect
Codes:
(a) (i) & (ii) (b) (ii) & (iii)
(c) (i) & (iii) (d) (i), (ii) & (iii)

42. As per Section 2(1)(c) of Consumer Protection Act 1986, 'complaint' means any
allegation in writing made by a complainant that
(i) an unfair trade practice or a restrictive trade practice
(ii) the goods/services bought/ hired suffer from one or more defects/deficiency
(iii) a trader or service provider has charged a price in excess of the price
(iv) goods/ services which are hazardous or likely to be hazardous to life and safety
of the public when used
Codes:
(a) (i), (ii) & (iii) (b) (i), (ii) & (iv)
(c) (i), (iii) & (iv) (d) (i), (ii), (iii) & (iv)

43. As per section 2(1)(j) of Consumer Protection Act 1986, 'manufacturer' means a
person who

(i) makes or manufactures any goods or part thereof


(ii) does not make or manufacture any goods but assembles parts thereof made or
manufactured by others
(iii) puts or causes to be put his own mark on any goods made or manufactured by any
other manufacturer;
Codes:
(a) (i) & (ii) (b) (i) & (iii)
(c) (ii) & (ii) (d) (i), (ii) & (iii)

44. As per section 2(1)(m) of Consumer Protection Act 1986, "person" includes

(i) a firm whether registered or not


(ii) a Hindu undivided family
(iii) a co-operative society
(iv) every other association of persons whether registered under the Societies
Registration Act, 1860 or not;
Codes:
(a) (i), (ii) & (iii) (b) (i), (ii) & (iv)
(c) (i), (iii) & (iv) (d) (i), (ii), (iii) & (iv)
45. As per section 2(1)(nnn) of Consumer Protection Act 1986, 'restrictive trade
practice' include

(i) delay beyond the period agreed to by a trader in supply of goods or in providing
the services which has led to rise in the price

(ii) any trade practice which requires a consumer to buy, hire or avail of any goods
or services as condition precedent to buying, hiring or availing of other goods or
services

Codes:
(a) (i) Only (b) (ii) Only
(c) Both (i) & (ii) (d) None of the above

Short Type Question


1. Who is the consumer?
2. Enumerate the rights of a consumer.
3. What are the remedies are available to consumers under the Consumer Protection Act
1986?
4. Explain the salient features of the Consumer Protection Act 1986.
5. Describe the various authorities set up under the Consumer Protection Act for
redressal of consumer grievances.
6. What is the limitation of filing the consumers complaint in the Consumer Dispute
Redressal Agencies according to the Consumer Protection Act 1986?
7. Discuss the composition of District Forum.
8. State the jurisdiction of District Forum
9. Discuss the composition of State Commission.
10. Write short notes on the jurisdiction of the State Commission.
11. When can an appeal be filed before the State Commission and by whom?
12. What is the period of limitation for filing such an appeal?
13. What is the objective behind the enactment of the Consumer Protection Act 1986?
14. Define complainant.
15. Define consumer dispute.
16. What do you understand by unfair trade practise?
17. What happens if the complaint has been dismissed by the Consumer Dispute
Redressal Agencies on the ground of it being frivolous or vexatious?
18. Define deficiency.
19. Define service.
20. To whom does appeal lie against the order of the National Commission?
21. Define defect.
22. State the pecuniary jurisdiction of District Forum , State Commission and National
Commission.
23. Name consumer right that gives any company or firm right to set up their own
consumer service and grievance cell? (Right to be heard)
24. What do you mean by right to choose to a consumer?
25. Can a consumer file complaint in consumer court without having cash memo?
26.

Long Type Question


1. (i) Discuss the jurisdiction of the National Commission.
(ii) State the procedure for making a complaint to the District Forum.
2. (i) What is the objective of the establishment of the Consumer Protection Council?
(ii) Enumerate the original as well as the appellate jurisdiction of the state
Commission.
3. (i) Discuss the composition and jurisdiction of the State Commission.
(ii) Discuss the power of State commission to transfer a case.
4. (i) Discuss the finding and orders of the District Forum.
(ii) State the limitation of filing for appeal in the consumer dispute redressal agencies.
5. i) State the penalty for the dismissal of frivolous complaints.
ii) Discuss the provision related to the enforcement of orders by the Consumer Forum

MOTOR VEHICLE ACT 1988


1. Under what section of MV Act 1988, liability to pay compensation by the
principle of No Fault Liability is provided
(a) Section 166
(b) Section 147
(c) Section 140
(d) Section 145
2. Whether a person below the age of 16 years can drive a vehicle at a public place
according to the MV Act 1988
(a) Yes
(b) No
(c) Can drive moped
(d) Can drive only motor cycle upto 50 cc
3. A person shall not be qualified for appointment as a member of a Claim Tribunal
unless he
(a) Is or has been a Judge of a High Court
(b) Is or has been a District Judge
(c) Is qualified for appointment as a High Court Judge or as a District Judge
(d) All of the above
4. Under which provision of the Motor Vehicle Act 19888 claimant shall not be
required to establish the wrongful act or negligence on the part of the Vehicle or
owner of the vehicle or any other person?
(a) Section 163
(b) Section 165
(c) Section 166A
(d) Section 170A
5. Within what period from the accident a claim petition can be filed under MV Act
1988
(a) No limitation is prescribed
(b) 3 years
(c) 1 year
(d) 2 years
6. According to section 7 of the Motor Vehicle Act , 1988 a person will be granted a
learner’s licence to drive a heavy goods vehicle unless
(a) he had a driving licence for at least two years to drive a light motor vehicle
(b) he had a driving licence for at least one year to drive a medium goods vehicle
(c) Both (a) and (b)
(d) none of the above
7. According to section 7 of the Motor Vehicle Act , 1988 a person will be granted a
learner’s licence to drive a heavy goods vehicle unless
a) he had a driving licence for at least two years to drive a light motor vehicle
b) he had a driving licence for at least one year to drive a medium goods vehicle
c) Both (a) and (b)
d) none of the above

8. A person aggrieved by an award of a Claim Tribunal prefer to appeal to a High


Court has to deposit
(a) Fifty per cent of the amount
(b) Twenty five thousand
(c) Whichever is less in (a) & (b)
(d) None of the above
9. No appeal shall lie against any award of a Claim Tribunal if the amount in dispute
in the appeal is
(a) Less than ten thousand
(b) More than five thousand
(c) More than ten thousand
(d) None of the above
10. According the section 166 of the MV Act 1988 an application for compensation
out of an accident may be made by
(a) The person who has sustained the injury
(b) The owner of the property
(c) The legal representative of the deceased
(d) All of the above
11. A driving licence renewal be effective under the MV Act for the vehicle other
than transport vehicle
(a) For a period of twenty years from the date of issue
(b) Until the person attains the age of fifty years
(c) Whichever is earlier of (a) & (b)
(d) None of above

MOTOR VEHICLE ACT 1988

Short Type
1. Define permanent disablement
2. Explain the light motor vehicle as mentioned in the MV Act 1988
3. Define driving licence
4. State the age limit in connection with the driving licence of motor vehicle
5. What do understand by third party risk insurance?
6. State the offences relating to licence.
7. Define permit
8. What do you understand by learners licence?
9. What do you understand by ‘No Fault Liability’?
10. State the penalty for driving uninsured vehicle.
11. Discuss the purpose of issuing of learner’s licence.
12. Define private vehicle.
13. What do you understand by heavy goods vehicle.

Long Type
1. (i) What is the necessity of the registration of Motor Vehicle according to the MMV Act
1988?
(ii) State the composition, power appellate and procedures of the Motor Accident
Claim Tribunal.
2. i) Discuss the offences and penalties related to licences.
ii) What do you understand by third party risk?
iii) State the offences relating to driving dangerously?
3. What is the difference between the Motor Vehicle Act 1988 and Motor Vehicle Act
1939?
4. Discus the provisions related with third party insurance according to the Motor Vehicle
Act 1988
5. Discuss in detail the Nature and Extent of Insurer's Liability.
6. Describe the Salient features of the Motor Vehicle Act, 1988 with the suitable
Examples.
7. Why is it necessary to register a vehicle? Explain.
8. Why is it necessary to get a vehicle insured? Explain in short.
9. What is Claims Tribunals? Explain. Who can be the member of Claim Tribunal.
10. Explain briefly. Explain Transfer of ownership under the Motor Vehicle Act, 1988
11. . Enumerate the Salient Features of the Motor Vehicle Act, 1988.
12. What are the liabilities to compensate the claimant in cases on the principle of no
13. fault? Discuss in detail. What is meant by Third Party Risk and Necessity for insurance
against third party risk?
14. State General provision for punishment of offences under the Motor Vehicle Act,
1988.

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