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Law of torts MCQ for cseet

1. The maxim ‘volenti non fit injuria’ applies:

(a) when one is compelled to do work despite his protest

(b) when one adopts a risky method of work under his own free will

(c) when one works under constant risk of life but during the accident, he was not warned though he is aware of the risk

(d) both (a) & (C).

Ans.B

2. The defence of volenti non fit injuria, is not available:

(a) if the consent is obtained by compulsion

(b) if the consent is obtained by fraud

(C)if the consent is obtained under a mistake

(d) all the above.

Ans.D

3. The scope of availability of the defence of violenti non-fit injuria

(a) has been restricted in rescue cases

(b) has been restricted by the Unfair Contract Term Act, 1977 in England

(c) cannot be restricted except in cases consent without free will

(d) (a) & (b) above.

Ans.D

4. In tort the private defence is:

(a) not available

(b) is available to protect one’s person under criminal law

(c) is available to protect one’s property under criminal law

(d) both (b) & (c).

Ans.D

5. The following are actionable torts as well as criminal offences:

(a) Assault

(b) Battery

(c) False imprisonment

(d) All of the above

Ans.D

6. Which of the following is a leading case relating to employer’s liability?

(a) Illot v Wilkies (1820)

(b) Fetter v Beale (1701)

(c) Farrant v Barnes (18762)

(d) Bell v Stone (1798)

Ans.A

7. Act of State means:

(a) an exercise of power against an alien and neither intended nor purporting to be regally founded:

(b) an exercise of power against his own subjects

(c) an exercise of Power against the alien as well as his own subjecte

d) none of the above.

Ans.A

8. An act done as Act of State has to be justified:

(a) on positive law of the land

(b) on political expediency

(c) on positive law & political expediency both

(d) none of the above.

Ans.B

9. When two or more persons commit some tort against the same person they are:

(a) independent tort feasors

(b) joint tort feasors

(c) either independent tort feasors or joint tort feasors

(d) neither (a) nor (b).

Ans.C

10. The liability of independent tort feasors

(a) joint only

(b) several only

(c) joint& several

(d) neither joint nor several.

Ans.B

11. The liability of joint tort feasors are

(a) only joint

(b) only several

(c) joint & several

(d) neither joint nor several.

Ans.C

12. In Ushaben Trivedi v Bhagyalaxmi Chitra Mandir it was held that hurt to religious feeling:

(a) Is an actionable wrong

(b) Not an actionable wrong

(c)Question kept open

(d) None of the above

Ans.A

13. ‘Novus actus interveniens is related to

(a) Remoteness of consequence

(b) Possible consequence

(d) Direct consequence

(d) None of the above

Ans.A

14. If the same act, done by a person results in two wrongs-a crime as well as tort at the same time, in such a case

(a) Civil remedy would be available

(b) Criminal remedy would be available

C) Both (a) & (b) are correct

(d) None of the above

Ans.C

15. Whether a man may lawfully shoot his neighbor ‘s tamed pigeon, if they are found damaging the crops?

(a) Yes

(b) No

C) Depends on the circumstances

d) None of the above

Ans.A

16. The maxim salus populi suprema lex means:

(a) No man is above the law

(b) The welfare of the people is supreme law

(c) Act of God

(d) None of the above

Ans.B

17.According to Justinian every action contrary to law is:

(a) Liberty

(b) Power

(c) Damnum

(d) Injury

Ans.D

18.The doctrine of vicarious liability applies when there is a:

(a) relationship of principal & agent

(b) relationship of partners

(c) relationship of master & servant

(d) all the above.

Ans.D

19. Under the rule of vicarious liability

(a) master is liable for the torts committed by his servant

(b) employer is liable for the torts committed by his employee

(C) employer is not liable for the torts committed by an independent contractor

(d) both (a) & (b) are incorrect.

Ans.C

20. Vicarious liability in case of independent contractor does not arise:

(a) as only what to do is present

(b) as only how to do is present

(c) as none of the two is present

(d) as none of the two is absent.

Ans.A

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