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