Practice Test

Q1) which case is the occupier of a house liable for negligence - Show Answer

Q2) what remedies are available to victims incase of private nuisance? Show Answer

Q3) tort is a criminal wrong- Show Answer

Q4) tort is a civil wrong not exclusively a breach of contract or breach of trust- Show Answer

Q5) damnum sine injuria means no action in tort- Show Answer

Q6) injuria sine damnum means- Show Answer

Q7) mens rea means guilty mind- Show Answer

Q8) in some torts defendant is liable without intention or negligence- Show Answer

Q9) consent of plaintiff is obtained is an exception to rule of strict liability. Show Answer

Q10) master liable for tort of his servent is- Show Answer

Q11) qui facit per alium facit perse means- Show Answer

Q12) unliquidated damages is not the only remedy for a tort and that for some torts,it is not even the primary remedy.there are other remedies also.they are: Show Answer

Q13) the maxim "salus populi suprema lex"means: Show Answer

Q14) the scope of volunti non fit injuria as a defence: Show Answer

Q15) necessity is available as defence: Show Answer

Q16) ashby v. white is a leading case related to the maxim: Show Answer

Q17) mental condition of the wrong-doer at the time of wrong-doing is: Show Answer

Q18) to succeed in an action for the tort of negligence,what is required to be proved is: Show Answer

Q19) which one of the following is not a libel: Show Answer

Q20) a set up a rival school to that of b's.because of competition,b had to reduce their fees: Show Answer

Q21) the liability of joint tort-feasers is: Show Answer

Q22) the word ''tort''has been derived from the latin word : Show Answer

Q23) the maxim ''volunti non fit injuria ''means : Show Answer

Q24) tje ''standard of care '' generally used in case of negligence is : Show Answer

Q25) ''tort is a civil wrong for which the remedy is comman law action for unliquidated damages ,and which is not exclusively the breach of a trust or other or other merely equitable obligation ''this definition of tort is given by : Show Answer

Q26) law of tort has developed mainly through : Show Answer

Q27) gloucester grammar school case explains : Show Answer

Q28) mark the correct statement : Show Answer

Q29) inevitable accident means : Show Answer

Q30) basically, tort is a Show Answer

Q31) civil wrong includes Show Answer

Q32) the word tort has been drived from the latin term Show Answer

Q33) law of torts mainly developed through Show Answer

Q34) Which of the following situations are considered as assault? Show Answer

Q35) Any direct application of force to the person without his consent or lawful
justification is a wrong of Show Answer

Q36) Which of the following is/are NOT common examples of vicarious liability? Show Answer

Q37) Damn um sine injuria means
Show Answer

Q38) Which of the following are different kinds of strict or absolute liability? Show Answer

Q39) ……………………is the unlawful restraint of a person against her will by
someone without legal authority or justification. Show Answer

Q40) ……………………is a term used in English law to denote psychiatric illness or
injury inflicted upon a person by intentional or negligent actions or
omissions of another.
Show Answer

Q41) Which of the following can be treated as tort? Show Answer

Q42) ……………is the tort of initiating a criminal prosecution or civil suit
against another party with malice and without probable cause. Show Answer

Q43) A tort occurs where there is breach of a general duty fixed
by…………………… Show Answer

Q44) Rules of strict liability was laid down in the case of Show Answer

Q45) In general, a tort consists of some…………………… done by defendant
whereby he has without a lawful excuse caused some harm to plaintiff. Show Answer

Q46) To constitute a tort, there must be: …………………… Show Answer

Q47) In tort, the suit is filed by the…………………… Show Answer

Q48) Damnum means……….. Show Answer

Q49) …………is an attack on the reputation of a person. Show Answer

Q50) ……………is the publication of a defamatory statement in a transient
form, statement of temporary nature such as spoken words, or gestures. Show Answer

Q51) Injuria Sine Damn° means………… Show Answer

Q52) Mens rea' literally means a…………… Show Answer

Q53) …………………is any act of the defendant which directly causes the plaintiff
immediately to apprehend a contact with his person.
Show Answer

Q54) Which of the following Act deals with the liability of the State in England? Show Answer

Q55) Which one of the following is NOT regarded to be an objective of the law of
tort? Show Answer

Q56) What is meant by the term 'actionable per se'? Show Answer

Q57) `Negligence' is: ………… Show Answer

Q58) `Defamation' is: …………… Show Answer

Q59) The main difference between libel and slander is that Show Answer

Q60) A tort is ………… Show Answer

Q61) There are cases where conduct is actionable even though no damage has
been caused. This is known as……………… Show Answer

Q62) When a person is held liable for the torts committed by another, it is
called…………… Show Answer

Q63) Any direct application of force to the person without his consent or lawful
justification is a wrong of……………… Show Answer

Q64) …………is any act of the defendant which directly causes the plaintiff
immediately to a contact with his person. … Show Answer

Q65) Rules of ………………refers that if a person bring anything outside and
accumulates on his land, which it escapes may cause damage to his
neighbors’, he does so at his own risk. Show Answer

Q66) …………is the unlawful restraint of a person against her will by someone
without legal authority or justification. Show Answer

Q67) …………is the tort of initiating a criminal prosecution or civil suit against
another party with malice and without probable cause. Show Answer

Q68) …………is a term used in English law to denote psychiatric illness or
injury inflicted upon a person by intentional or negligent actions or
omissions of another . Show Answer

Q69) ………is an attack on the reputation of a person. Show Answer

Q70) ………is the publication of a defamatory statement in a transient form,
statement of temporary nature such as spoken words, or gestures. Show Answer

Q71) The nature of remedy under the law of tort is- Show Answer

Q72) Under Law of torts, Exception to the strict is- Show Answer

Q73) Which of the following court cases involves a tort? Show Answer

Q74) Torts are grounded in the concept of Show Answer

Q75) Which of the following is not an element of an intentional tort? Show Answer

Q76) What is the essential difference that makes the crime of assault differ from
the tort of assault? Show Answer

Q77) What main element differentiates the crime of battery from the tort of battery? Show Answer

Q78) Which of the following is an example of trespass? Show Answer

Q79) A loud bass beat that can be heard through an apartment wall
(from another apartment) at midnight can be classified as Show Answer

Q80) A private nuisance affects only one family.
Show Answer

Q81) Defamation involves: Show Answer

Q82) Why is defamation a tort? Show Answer

Q83) 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. Show Answer

Q84) Which of the following constitutes slander? Show Answer

Q85) Credit bureaus must inform you about the information they have about you
when you ask.
Show Answer

Q86) 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. Show Answer

Q87) Negligence involves:
Show Answer

Q88) This tort occurs most often in society. Show Answer

Q89) Why is a reasonable person test used to determine breach of duty in a
negligence case?
Show Answer

Q90) 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. Show Answer

Q91) 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: Show Answer

Q92) Which of the following involves comparative negligence?
Show Answer

Q93) Which of the following interests is not protected by the law of tort? Show Answer

Q94) The law of contract is different from the law of tort in which way? Show Answer

Q95) What is the primary function of the law of tort? Show Answer

Q96) Article 8 of the European Convention on Human Rights protects which right? Show Answer

Q97) The remedies provided by the Human Rights Act 1998 are intended to regulate the activities of whom? Show Answer

Q98) Which of the following groups is required by law to be insured? Show Answer

Q99) Which of the following is not an objective of the law of tort? Show Answer

Q100) Which of the following is the main alternative to tort, for the provision of compensation? Show Answer

Q101) The Compensation Act 2006 s 1 has what purpose? Show Answer

Q102) Contributory negligence occurs when the claimant has been a cause of the event causing damage. See Law Reform (Contributory Negligence) Ace 1945 s 1(1). Show Answer

Q103) In which of the following cases did contributory negligence apply? Show Answer

Q104) Which of the following is not required to establish the defence of volenti? Show Answer

Q105) lenti is unlikely to apply in the employment situation. True or false? Show Answer

Q106) Which case is the odd one out? Show Answer

Q107) Why was the defendant held not to be liable in Wooldridge v Sumner? Show Answer

Q108) There are various explanations given for the defence of illegality. Which of the following is not one of these explanations? Show Answer

Q109) Which of the following cases is the odd one out? Show Answer

Q110) Which of the following cases reversed the effect of the decision in Stubbings v Webb? Show Answer

Q111) What case laid down the fundamental test for determining duty of care? Show Answer

Q112) Which of the following is not a policy factor which may come into the duty of care question? Show Answer

Q113) Which of the following cases was representative of a widening of liability in negligence? Show Answer

Q114) The Caparo test for duty of care provides that three factors must be taken into account. Which of the following is not included? Show Answer

Q115) Which of the following is not a required element in establishing a negligence action? Show Answer

Q116) Why did the claimant in Donoghue v Stevenson bring her action in tort instead of contract? Show Answer

Q117) Which of the following best describes the main function of 'duty of care' in negligence? Show Answer

Q118) Which of the following statements best describes the outcome of Hill v CC West Yorkshire? Show Answer

Q119) What is meant by 'incremental' development of the law? Show Answer

Q120) Duty of care in that type of situation was not the issue in Palsgraf v Long Island Railroad. What was the issue? Show Answer

Q121) Which of the following is not an aspect of the definition of the tort of private nuisance? Show Answer

Q122) In order to bring a claim in private nuisance, it is necessary to have a legal interest in land. True or false? Show Answer

Q123) Which of the following fulfils the requirement of 'non-natural use' for the purpose of Rylands v Fletcher? Show Answer

Q124) Which case below is the odd one out? Show Answer

Q125) Which of the following is not an aspect of the decision in Sturges v Bridgman'? Show Answer

Q126) Planning permission is never a factor in establishing private nuisance. True or false. Show Answer

Q127) Why was there no liability in nuisance in Marcic v Thames Water Utilities'? Show Answer

Q128) What type of damage is recoverable under public nuisance but not under private nuisance? Show Answer

Q129) In what situation might there be said to be a positive duty to act to prevent a nuisance? Show Answer

Q130) Which of the following torts is unlikely to overlap with private nuisance? Show Answer

Q131) Wilsons and Clyde Coal v English does not impose liability on the employer in respect of which of the following? Show Answer

Q132) The Employers' Liability (Defective Equipment) Act 1969 reverses the effect of Coltman v Bibby Tankers. True or False? Show Answer

Q133) The duty of care of the employer is 'non-delegable'. What does this mean? Show Answer

Q134) The Court of Appeal in Hatton v Sutherland sets out a number of guidelines to be followed in future similar cases. Which one was not included? Show Answer

Q135) Which statute currently provides the framework for workplace safety? Show Answer

Q136) In Fytche v Wincanton Logistics the defendant employer was liable for failure to maintain protective equipment in good working order. True or false? Show Answer

Q137) Which of the reasons below is not a justification for vicarious liability? Show Answer

Q138) Which case is the odd one out? Show Answer

Q139) Which is the best and most current test to determine the employment relationship for the purposes of vicarious liability? Show Answer

Q140) Which of the following statements is true of the decision in Lister v Hesley Hall? Show Answer

Q141) During an argument, Sam pushes Andy onto Ted s land, saying 'I hope he shoots you . Which of the following is true? Show Answer

Q142) Which of the following is the most complete description of land for the purposes of trespass to land? Show Answer

Q143) What is trespass ab initio? Show Answer

Q144) Ted's garden fence is in a state of disrepair. He fails to attend to it and the fence collapses into Heather's garden. Does this amount to trespass on Heather's land? Show Answer

Q145) Which of the following is a defence to trespass? Select all that apply. Show Answer

Q146) Which of the following amount to trespass? Select all that apply. Show Answer

Q147) Which of the following is an example of self-help? Select all that apply. Show Answer

Q148) What form of remedy would be most suitable for a claimant who wishes to stop people taking a short cut across his field to reach the train station? Show Answer

Q149) Which of the following would amount to a contractual licence to enter land? Select all that apply. Show Answer

Q150) What was the issue in Bernstein v Skyways and General Ltd [1977] 2 All ER 902? Show Answer

Q151) The tort of deceit is closely connected with which of the following areas of contract law? Show Answer

Q152) From the list below identify the statement that best represents what is missing from the test from Derry v Peek. The statement is made knowingly or __________ or reckless as to its truth. Show Answer

Q153) Some form of loss must be shown for an action in deceit, which includes which of the following types of loss?
(i) personal injury
(ii) injury to feelings
(iii) property damage
(iv) economic loss Show Answer

Q154) Which of the following explanations most accurately represents why the claimant in Kaye v Robertson succeeded in his claim for malicious falsehood? Show Answer

Q155) Which of the following is not an element of the tort of malicious falsehood? Show Answer

Q156) For an action in passing off to succeed, who must the misrepresentation be made to? Show Answer

Q157) From the list below, which most accurately describes why the claimant lost its action for passing off in Cadbury Schweppes Ltd. v Pub Squash Co. Ltd.? Show Answer

Q158) Which of the list below most accurately completes the following definition of conspiracy?
In a simple conspiracy, where the act is not _______ in itself, the courts will only accept that the tort has been committed where the clear and major purpose of the combination is to __________. Show Answer

Q159) Which of the following are essential elements of the tort of inducing a breach of contract? Show Answer

Q160) Which of the following is not a reason for the general lack of liability for omissions in English law? Show Answer

Q161) Identify which of the cases below illustrates an omission for which there was held to be no liability. Show Answer

Q162) Which of the following is not an exceptional situation in which there may be held to be liability for an omission? Show Answer

Q163) Which of the following is one of the reasons for the tendency away from liability in negligence for public bodies? Show Answer

Q164) What is meant by the word 'justiciable'? Show Answer

Q165) In which of the following situations below do the police have a duty of care in negligence? Show Answer

Q166) In which of the following cases were the police held to owe a duty of care? Show Answer

Q167) Which of the following is not the basis of liability under the Congenital Disabilities (Civil Liability) Act 1976? Show Answer

Q168) In which of the following scenarios is a duty of care least likely to be found? Show Answer

Q169) Mitchell v Glasgow CC is an important negligence case. Which of the following statements is accurate in respect of the decision? Show Answer

Q170) Which one of the following is NOT an accurate statement in relation to the law of tort? Show Answer

Q171) Which of the following statements is true of Froom v Butchert? Show Answer

Q172) What is the meaning of Latin maxim "Damnum Sine Injuria"? Show Answer

Q173) The defense 'Plantiff the wrongdoer' aries from which of the following Latin maxims? Show Answer

Q174) Identify the correct example for rule of Vicarious liability. Show Answer

Q175) Which of the following is an essential element of malicious prosecution? Show Answer

Q176) Identify the correct definition of negligence with relation to law of torts. Show Answer

Q177) As per the Indian Contract Act, 1872, the consideration or object of an agreement is lawful in which of the following cases? Show Answer

Q178) According to Law of Torts identify the incorrect option with reference to general conditions that constitute a Tort. Show Answer

Q179) Which of the following statements is/are False with reference strict liability under law of torts?
(i) Under this liability, the law makes people pay compensation for damages even if they are not at fault.
(ii) Under this liability, people will always have unlimited liability to pay compensation for damages without any exceptions.
(iii) Under this liability, people have to pay compensation to victims even if the took all the necessary precautions. Show Answer

Q180) Read the following statements with reference to 'Torts' and choose the correct answer.
(i) Tort means a civil wrong can exclusively be a breach of contract or a breach of trust.
(ii) A tort is a species of civil injury or wrong as opposed to a criminal wrong. Show Answer

Q181) Which of the following statements is correct with reference to Public Interest Litigation? Show Answer

Q182) In legal sense, the act which signifies the failure to exercise standard of care which the doer as reasonable man should have exercised in the given circumstances is referred to as: Show Answer

Q183) Which of the following options defines specific crimes and provides punishment for them. Show Answer

Q184) Trespass to land can be categories as a/an: Show Answer

Q185) Which of the following is Not an Intentional tort? Show Answer

Q186) Godwin's neighbour regularly plays rock music at the maximum possible volume late at night which is adversely affecting Godwin's health. This can classified as a tort of Show Answer

Q187) Read the following statements and choose the correct answer:
(I) The objective of crime is to recompensate the plantiff for the loss suffered him whereas the objective of tort is to punish the accused it convicted.
(II) Tort is infringement of private rights of an individual whereas crime is the breach of public rights which affect the whole community.
Show Answer

Q188) In the context of law of torts, identify the liability that is applicable to abnormally dangerous situations. Show Answer

Q189) Identify the essential element or characteristics of the tort, Negligence
(i) Breach of Duty of care
(ii) Damage to person/property
(iii) Injury is not foreseeable
Show Answer

Q190) Amit was cheated by Praneet in a certain contract due to which he developed a vengeance against Praneet. Accordingly when police was suspecting Praneet in a case of financial fraud during his employment with Amit, Amit interfered in the criminal investigation and provides a 'false evidence' against Praneet . What will be the most immediate out come of this legal proceeding? Show Answer

Q191) Which among the following options is a legal remedy that authorized a person in possession of land to size the trespass cattle and detain them until he is compensated for the loss suffered? Show Answer

Q192) The term 'Libel' and 'Slander' are related to which of the following forms of tort? Show Answer

Q193) Absence of reasonable and probable cause is an essential element of which of the following torts? Show Answer

Q194) In the law of torts, the popular doctrine 'Res ipsa loquitur' means: Show Answer

Q195) Action for 'Mesne Profits' is one of the remedies available in: Show Answer

Q196) As stated by Winfield tortuous liability arises from the breach of a duty primarily fixed by: Show Answer

Q197) P an employee of a railway company. T co. Ltd was engaged in drilling holes in the rocks A crane was being used to remove the Stones from one side to the other. Every time the crane moved, if crossed over P. But on one occasion a stone rolled out of the care and seriously injured him. He (P) claimed damages from T co. Ltd. What is the defence the company can take for the given scenario? Show Answer

Q198) A & B went for shopping and left their dog in the car. The dog smashed the window glass, broke it and jumped out A fragment of the broken glass flew into the eye of a passer by R causing injury R sued A & B and claimed damages for their negligence. What defence can be taken by A & B? Show Answer

Q199) What is the meaning of the Latin legal maximum 'doli incapax'? Show Answer

Q200) Which of the following option is not an element of Negligence in relation to law of torts? Show Answer

Q201) The legal term 'Per incurium' means: Show Answer

Q202) Which among the following legal maxims, is often stated in discussing the liability of employer for the act of employee in terms of vicarious liability? Show Answer

Q203) With reference to law of torts 'Trespass de bonis asportatis' refers to: Show Answer

Q204) Nitro-glycerin case is a landmark case dealing with which of the following sentence open to a defendant in an action for tortious liability? Show Answer

Q205) Which of the following can be defined as wilful negligence or recklessness and in this negligence, the harm done is foreseen as possible or probable, but it is not willed? Show Answer

Q206) Mr. B opened a shop opposite to the shop of Mr. C and started providing attractive discounts. As a result Mr. C suffered loss. This is a situation at Show Answer

Q207) In case of tort of malicious prosecution, the prosecution means: Show Answer

Q208) To constitute a tort, which of the following condition(s) must be satisfied?
(i) A wrongful act or omission of the defendant.
(ii) The wrongful act must result in causing legal damage to another.
(iii) The wrongful act must be such a nature as to give rise to legal remedy.
Show Answer

Q209) Mr. Z filed multiple cases against X for misappropriation of funds without any proper evidence, later Mr. X was acquitted as the allegations against him were found to be false. Mr. X can sue Mr. Z for: Show Answer

Q210) In which of the following cases it was held that if a person brings or accumulates on his land anything which if it should escape may cause damage to his neighbours, he does so at his peril. If it does not escape and cause damage he is responsible, however careful he may have been and whatever precautions he may have taken to prevent damage? Show Answer

Q211) If a man finds any cattle or chattel of another person unlawfully on his land causing damage, he may seize and detain them in order to compel
the owner of the offending cattle or chattel to make compensation for the damage done. This right is known as: Show Answer

Q212) A tenant died due to earthquake "With reference to Tort law the landlord
can take the defence of: Show Answer

Q213) The plaintiff has to establish that the defendant owed to him a specific legal duty to take care, of which he has made a breach. The given statement is one of the essential elements to be proved to make a person liable for which of the following torts? Show Answer

Q214) Absolute liability is a legal doctrine that holds a defendant liable for harm caused, ever if they took all possible precautions. Which of the following activities is often subject to absolute liability? Show Answer

Q215) Which of the following statements is FALSE about Standard, a form of defamation? Show Answer

Q216) Which of the following options is INCORRECT with reference to a Specific deferise that can be raised in case of tort of defamation: Show Answer

Q217) Given below are some of the Extra Judicial Remedies under Tort law
(i) It is lawful for any person to use reasonable forces to protect himself, or any other person against any unlawful use of force.
(ii) An occupier may lawfully seize any cattle or nay chattel which are unlawfully on his land doing damage
Identify the CORRECT option in the regard: Show Answer

Q218) Mr. Moperates a manufacturing plant is a residential area, emailing, loud noises and foul odour throughout the day, disturbing and harming the residents of the area. Can the residents take legal action against Mr. M under Tort law? Show Answer

Q219) A police officer uses force to subdue a suspect while making an arrest. It the police officer is held liable for the harm or injury caused to the suspect, he can use which of the following defences to avoid liability? Show Answer

Q220) Mrs. Z posted certain defamatory remarks about M platform. Mr. X can sue for: Show Answer

Q221) Mr. X visited the local post office to mail important documents Unfortunately, the poorly maintained compound wall of the post office collapsed, causing injuries to Mr. X The Court held the postal authorities liable due to their failure to fulfil their duty of care; leading to a compensation order for Mr. X. This case is an example for fort: Show Answer

Q222) A local newspaper publishes an article accusing Mrs. A, a respected business woman of embezzling funds from her company, Can Mrs. A sue the newspaper for defamation under Tort law? Show Answer

Q223) Given below is a list of essential requirements of a general defence under tort law:
(i) The plaintiff must have voluntarily and knowingly assumed the risk of harm or injury
(ii) The plaintiff must have been aware the nature and extent of the risk
(iii) The plaintiff must have provided consent by free will
Which of the following options is being referred to? Show Answer

Q224) X and Y are neighbours X's house was on fire so Y trespassed onto X's property to draw water from the tank to do use the file. Which of the following statement most appropriate regarding Y's liability under tort law? Show Answer