A, though involved in a motor accident, remained physically unhurt but suffered Myalgic Encephalomyelitis, a psychiatric illness with which he had earlier suffered but which was then in remission. He claimed damages from the driver of the motor car. Will he succeed?
A. No, this illness was not foreseeable in a person of normal health
B. No, he has not suffered any physical injury
C. Yes, he has suffered injuries by shock
D. Yes, though this illness was not foreseeable but some physical harm was foreseeable
Select an option to see the answer and solution.
Libel is addressed to the eye; slander to the ear.
A. Slanderous words are uttered by the characters on the dramatic stage
B. Slanderous words are uttered by the characters on the cinema screen
C. Abuses recorded in the gramaphone disc
D. Both (B) and (C)
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Which of the following statements is false in connection with the legal principle "volunti non fit injuria"?
A. Knowledge regarding the danger is consent
B. Consent must be free
C. Rescue cases form an exception to the application of the maxim volunti non fit injuria
D. None of these
Select an option to see the answer and solution.
Which among the following cases is related to the rule that causing death of a person is not a tort?
A. Jackson v. Watson
B. Rookes v. Barnard
C. Baker v. Bolton
D. Tillet v. Ward
Select an option to see the answer and solution.
The liability of the owner of the cattle for cattle tress pass
A. Is strict
B. Depends upon scienter
C. Depends upon negligence
D. All of the above
Select an option to see the answer and solution.
Trespass to goods is
A. Actionable per se
B. Actionable only when damage is caused
C. Not actionable at all
D. All the above
Select an option to see the answer and solution.
An inevitable accident means
A. An act of God
B. An unexpected injury which could not have been foreseen and avoided
C. An unexpected injury which could have been foreseen and avoided
D. Both (A) and (B)
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In which one of the following situations 'A' will be liable for defamation?
A. Keeps it in a sealed envelope With himself
B. Sends it in a sealed envelope to 'B' but it is opened by his (A's) butler
C. Sends it in a sealed envelope to 'B' but it is opened by B's father
D. Sends it in sealed envelope to B's wife
Select an option to see the answer and solution.
Conspiracy is
A. A crime
B. A tort
C. A crime & a tort both
D. Either (A) or (B)
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A patient is brought to a hospital maintained by B. The patient is to be operated upon. If as a result of faulty oxygen supply machine, the patient dies on the operation table, then:
A. B would not be liable because the surgeon was negligent
B. B would not be liable because there is no master and servant relationship between B and the surgeon
C. B would be liable because hospital staff were negligent in keeping the hospital equipment in proper order
D. B would not be vicariously liable because surgery is a highly skilled work on which B would have no control
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Which of the following is not defamation?
A. Libel
B. Slander
C. An Imputation which indirectly affects a person's reputation
D. Battery
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Frazer has defined tort as
A. A civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of trust or other merely equitable obligation
B. Tortious liability arises from the breach of a duty primarily fixed by the law towards the persons generally and its breach is redressible by an action for unliquidated damages
C. An infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party
D. None of the above
Select an option to see the answer and solution.
Who said that liability in law of tort arises only when the wrong is covered by anyone or the other nominated tort?
A. Fraser
B. Winfield
C. Blackstone
D. Salmond
Select an option to see the answer and solution.
Match the items of
List I (name of case) with the items of
List II (related topic) and choose the correct answer from the given below.
List I (Name of case) List II (Related topic)
a. Jone v. Boyce
1. Remoteness of damages
b. Scott v. Shepherd
2. Medical negligence
c. A. H. Khodwa v. State of Maharashtra
3. Nervous shock
d. Victorian Railway Commissioner v. Coultas
4. Doctrine of alternative danger
A. a-3, b-4, c-2, d-1
B. a-2, b-1, c-3, d-4
C. a-4, b-1, c-2, d-3
D. a-4, b-2, c-1, d-3
Select an option to see the answer and solution.
Which of the following are essential elements of the defence of fair comment in the tort of defamation?
A. 1, 2 and 4
B. 1, 3 and 4
C. 3 and 4
D. 1 and 3
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Which of the following cases under the law of torts is related with the principle of injuria sine damnum?
A. Glucoster Grammar School case
B. Merryweather v. Nixon case
C. Ashby v. White case
D. Ryland v. Fletcher case
Select an option to see the answer and solution.
In case of joint tort feasors
A. Release of one of them releases all the others, as cause of action being one & indivisible
B. Release of one of them does not release all the others as cause of action though one but divisible
C. Release of one of them does not release all of them despite the cause of action being one & indivisible
D. None of the above
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Unliquidated damages is not the only remedy for a tort and that for some torts, it is not even the primary remedy. They are other remedies also. They are
A. Self-help
B. Injunction
C. Action for specific restitution of property
D. Both (B) and (C)
Select an option to see the answer and solution.
Which one of the following famous cases is related to an exception to the application of the doctrine of volenti non fit injuria based on 'rescue' cases?
A. Haynes v. Harwood
B. Padmavati v. Dugganaika
C. Ashby v. White
D. Wooldridge v. Sumner
Select an option to see the answer and solution.
In a suit for malicious prosecution which one of the following is not an essential element?
A. The plaintiff was prosecuted by the defendant
B. The prosecution ended in favour of the plaintiff after exhausting all the steps of judicial process
C. The prosecution was malicious
D. The prosecution resulted in damage to the plaintiff
Select an option to see the answer and solution.
