Tort is a violation of
A. A right in personam
B. A right in rem
C. Both right in personam and a right in rem
D. Neither a right in personam and a right in rem
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Basically tort is a species of
A. Criminal injury or wrong
B. Substantial injury or wrong
C. Civil injury or civil wrong
D. None of the above
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Which of the following pair is correctly matched?
A. Defamation published in permanent form ⇔ Salnder
B. Libel is recognized as offence ⇔ England
C. Truth of defamatory matter is no defence ⇔ Civil law
D. Action lies for defamatory statement ⇔ Absolute Privilege
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Ashby v. White is a leading decision explaining the maxim of:
A. Neither Injuria sine damno nor Damum sine injuria
B. Injuria sine damno as well as Damnum sine injuria
C. Damnum sine injuria
D. Injuria sine damno
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Assertion (A): In an action for malicious prosecution it must be proved that the defendant had initiated criminal proceeding maliciously and without reasonable and probable cause.
Reason (R): Action for malicious prosecution is instituted in criminal court
A. Both A and R are true and R is the correct explanation of A
B. Both A and R are true but R is not a correct explanation of A
C. A is true but R is false
D. A is false but R is true
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To constitute the tort of nuisance, the essentials are
A. Unreasonable interference
B. Interference is with the use or enjoyment of land
C. Damage
D. All the above
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Two or more persons may become joint wrongdoers
(1) By committing a tort in concert, or in pursuance of an unlawful conspiracy
(2) By the principal of vicarious liability
(3) When they act independently but their acts cause the same damage
A. (1), (2)
B. (1), (3)
C. (2), (3)
D. None of the above
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Match the incorrect entries.
A. Injuria sine damnum ⇔ Ashby v. White
B. Damnum sine injuria ⇔ Gloucester's case
C. Remoteness of Damage ⇔ Rylands v. Fletcher
D. Negligence ⇔ Donoghue v. Stevenson
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Which one of the following correctly identifies the remedies available to the victim in case of false imprisonment?
A. Self-help, abatement, action for damages
B. Habeas corpus, action for damages, injunction
C. Self-help, habeas corpus, action for damages
D. Injunction, abatement, action for damages
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Choose the correct statement
A. Mistake of law is a defence to civil or criminal liability
B. Mistake of fact is not a general defence under the Indian Penal Code but to an action in tort
C. Both (A) and (B)
D. Neither (A) nor (B)
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No action for defamation lies in cases of
A. Absolute privileges
B. Qualified privileges
C. Both (A) and (B)
D. Neither (A) nor (B)
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For the application of the defence of volenti non fit injuria it is sufficient if:
A. The plaintiff knew that the risk is there and he knowing the same, agreed to suffer the harm
B. The plaintiff agreed to suffer the harm
C. The plaintiff either know that the risk is there or he agreed to suffer the harm voluntarily
D. The plaintiff knew that the risk is there
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The presence of malice destroys
A. The defence of absolute privilege
B. The defence of qualified privilege
C. Both defences
D. Neither of the defences
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The 'standard of care' generally used in case of negligence is:
A. The care taken by an intelligent and prudent man
B. The skill and care taken by a qualified and competent person
C. The foresight of an adult person
D. The care and skill of a prudent and careful man belonging to defendant's calling or business or skill
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Ordinary damages are also called:-
A. Substantial damages
B. Compensatory damages
C. Both (A) and (B)
D. None of the above
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Act of State
A. Are directed against another sovereign State or its sovereign personally or its subject
B. Being based on policy considerations and not on law administered by the municipal courts
C. Both (A) and (B)
D. Neither (A) nor (B)
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During rainy season there is water logging in many-areas of a city. The dirty water remains for months because of faulty drainage. The water causes hard-ships and diseases. Which one of the following correctly describes the reason for the disposal of the case?
A. The facts shows no 'nuisance'
B. Lack of financial capacity on the part of the municipal corporation is not a defence
C. Water logging was caused by heavy rains which is an act of Nature exempting the municipal corporation
D. A duty is imposed on the municipal corporation by the statue
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Damages awarded for tortious liabilities are-
A. Liquidated
B. Unliquidated
C. Penal
D. None of the above
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Maxim injuria sine damno means
A. Violation of a legal right without any damage
B. Violation of a legal right with damage
C. Damage without violation of legal right
D. No damage & no violation of legal right
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Consider the following statements:
1. Defamation is the publication of false statement intending to lower down the person in the estimation or right thinking members of the society.
2. Any word will be deemed defamatory which cause the plaintiff to be shunned or avoided by his neighbours.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
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