# MCQ on " TORTS AND TORTITOUS LIABILITY"

1. The term tort derives its genesis from a latin word meaning

a. Twisted

b. Complicated

c. Right

d. wrong

Ans: a

2. The proponent of Pigeon Hole Theory

a. Denning

b. Brown

c. Coke

d. None of the above

Ans: d

3. Which of these remedies are unavailable in Torts

a. Injunction

b. Nominal Damages

c. Imprisonment

d. Exemplary Damages

Ans:c

4. Which of these do not constitute a General defense in Torts

a. Violent non fit injuria

b. Injuria sine damno

c. Vis major

d. All of the above are defences

Ans: b

5. Which of these is a test to determine reasonable foresight in Torts

a. Reasonable man

b. Common man

c. Common Person

d. Judge

Ans: a

6. Battery refers to whereas assault refers to

a. Threat of force and actual use of force

b. Use of force and threat of force

c. Use of threat of force in all circumstances

d. Use of force in all circumstances

Ans: a

7. A cause of action accrues in Torts where there is the breach of a “ ” duty

a. Political duty

b. Legal duty

c. Moral duty

d. All of the above

Ans:b

8. Intention is relevant in which of these torts

a. Malicious prosecution

b. Nuisance

c. Negligence

d. All of the above

Ans: a

9. Which of these is not a test to determine the relationship of a master and servant

a. Direction and Control

b. Exclusive Remuneration

c. Contract of master and servant

d. Independent and joint tortfeasors

Ans: d

10. A master is liable for whereas he is not liable for

a. Authorized Act, authorized act done wrongly

b. Unauthorized Act, Unauthorized act done wrongly

c. Authorized Act done wrongly, unauthorized done wrongly

d. None of the above

Ans: c

11. The burden of proof shifts to the defendant in which of these case

a. Damnum Sine Injuria

b. Injuria Sine Damno

c. Res Ipsa Loquitor

Ans: C

12. Which of these is not correctly matched

a. Blasphemy: Speaking Against God

b. Libel: Written Defamation

c. Slander: Spoken Defamation

d. All are correctly matched

Ans:D

13. Which of these is not a defense in Defamation

a. Truth

b. Fair Comment

c. Statements made in Parliament

d. All are defences

Ans: D

14. The Rule of absolute liability was enunciated in India in MC Mehta v. UOI which

pertained to the

a. Bhopal Gas Tragedy case

b. Oleum Gas Leak case

c. Uphaar Cinema Tragedy case

d. Burning of school in Tamil Nadu

Ans: b

15. Which of these situations does not constitute a qualified agency in law

a. Express Agency

b. Necessity

c. Conduct

d. Self assumption by agent

Ans: d

16. Nuisance occurs where

a. The enjoyment of a legal right is interfered with

b. A person is restrained from going anywhere

c. A person fails to perform his/her legal duty

d. None of the above

Ans: a

17. In which of these situations will the State not be afforded the defense of Sovereign immunity

a. Maintaince of Law and Order

b. Defence functions

c. Consumer liability in PSU manufactured products

d. All of the above

Ans: c