Which of the following are factors that judge may take into account when determining if the defendant

has
fallen below the standard appropriate to the duty that he owes?

a) foreseeability of harm
b) the magnitude of the risk
c) whether the claimant has contributed to his own harm
d) the practicability of precautions

1. Which statement(s) is(are) true with regard to defenses against liability claims?
I. Under contributory negligence, if you contribute to your injury, you cannot recover damages.
II. Under comparative negligence, if you contribute to your injury, you cannot recover damages.

A. I only
B. II only
C. Both I and II D.
Neither I nor II

2. Amanda needed surgery on her right knee. When the anesthesia wore off after the operation, she
noticed surgical wrapping around both knees. When she asked the nurse why both knees were
wrapped, the nurse replied that the surgeon made an incision on her left knee, discovered the mistake,
and proceeded with the operation on the right knee. What modification of the law of negligence will
Amanda probably be able to invoke to recover damages from the surgeon?
A. Contributory negligence
B. Negligence per se
C. Res ipsa loquitur
D. Comparative negligence

3. All the following are legal defenses to liability claims EXCEPT:

A. Contributory negligence
B. Assumption of the risk
C. Vicarious liability
D. Comparative negligence
4. A state statute requires machinery in industrial plants to include automatic shutoff switches
accessible to each employee working on the machine. Provinzano Piping’s equipment does not have
these switches. Jason, a Provinzano employee, suffers an injury that an accessible shut-off switch
would have prevented. Jason’s best theory for recovery against Provinzano is:
A. Assumption of risk
B. Negligence per se
C. Res ipsa loquitur
D. Battery

5. Linda, a driver for Swift Transportation, causes a five-car accident on an interstate highway.
Linda and Swift are liable to:
A. All those who are injured.
B. Only those whose injuries could reasonably have been foreseen.
C. Only those whose cars were immediately ahead and behind Linda’s vehicle.
D. Only those who do not have insurance.

6. The proximate cause requirement for a negligence tort is most likely NOT met where:
A. A customer becomes ill from food that is carelessly packed at a processing plant.
B. A patient becomes sick from a doctor carelessly prescribing the wrong medicine.
C. A customer in a building supply store carelessly drops a small can of paint that breaks open and is
ignited from a spark caused when the metal can hits the concrete floor.
D. A driver injures a pedestrian when rounding a curve at twice the legal speed limit.
E. The victim of an accident was aware, prior to the actual accident, that the accident was likely to occur.

7. Driving his sport utility vehicle negligently, Winnie crashes into a streetlight. The streetlight falls,
smashing through the roof of a house, killing Piglet instantly. But for Winnie’s negligence, Piglet
would not have died. Regarding the death, the crash is the:
A. Cause in fact
B. Intervening cause
C. Proximate cause
D. Superseding cause
8. Milo invites Morton into her apartment. Morton commits trespass to land if he:
A. Enters the apartment with fraudulent intent.
B. Harms the apartment in any way.
C. Makes disparaging remarks about Milo to others.
D. Refuses to leave when Milo asks him to go.

9. Christy, a nurse, hires Adam, an accountant, to handle her accounts. Dissatisfied with Adam's
work, Christy sues him, alleging negligence. Adam may successfully defend against the suit by
proving that he:
A. Did not injure Christy in any way.
B. Does not know every principle of accounting.
C. Performed as well as an ordinary person could have.
D. Performed as well as Christy could have.

10. Paula locks Tony in a ground floor room. Tony sues Paula for false imprisonment. Which of the
following is true?
A. Paula would escape liability if she let Tony out of the room after one hour.
B. According to some courts, Paula would escape liability if Tony slept through the entire period that the
door was locked and thus was unaware that he was being detained.
C. Even if Tony could easily have escaped through an open window, Paula still is liable.
D. Paula would not be liable if Tony could have escaped by traveling two miles through a narrow, filthy,
rat- infested sewer line that periodically floods with water.

11. Smitha goes diving during her Carnival Cruise. Carnival has Smitha sign a waiver form
indicating that, if she is injured by a shark, she cannot sue Carnival. Smitha was bitten by a shark
during her dive. Smitha sues Carnival. Carnival’s best defense is
A. Comparative negligence
B. Contributory negligence
C. Implied assumption of risk
D. Express assumption of risk

12. The act of unlawfully entering into another’s property constitutes

(a) Trespass
(b) Restraint
(c) Appropriation
(d) Encroachment

13. Unliquidated damages mean

(a) Damage to something solid
(b) Damage caused by a firm which has gone in liquidation
(c) Damage to a firm in the hands of receivers
(d) Damage to be assessed by a court as these are not pre-determined.

14. The Railway authorities allowed a train to be over-crowded. In consequence, a legitimate

passenger, Mr. X got his pocket picked. Choose appropriate answer-
(a) Mr. X can sue the railway authorities for the loss suffered.
(b) Mr. X cannot sue because he had given his consent to travel in over-crowded train.
(c) Mr. X cannot sue the railway authorities because there was no infringement of legal right and mere
fact that the loss was caused does not give to a cause of action.
(d) None of the above.

15. The law of contract is different from the law of tort in which way?
a) It is actionable in both the civil and criminal courts
b) It generally concerns a relationship between two parties only
c) Contracts are always written
d) Tort is made up predominantly of statute law

16. What is the primary function of the law of tort?

a) The punishment of a wrongdoer
b) The clarification of the human rights of parties
c) The spreading of losses throughout society
d) Compensating the claimant
17. If the consequences of a wrongful act could be foreseen by a reasonable man, then they are not
too remote. If on the other hand, a reasonable man could not have foreseen the consequences, then
they are too remote. And, an individual shall be liable only for the consequences which are not too
remote i.e. which could be foreseen.

A) True
B) False
C) May be
D) I don’t know

18. According to the test of directness, a person is liable for all the direct consequences of his wrongful
act, whether he could foresee them or not; because consequences which directly follow a wrongful act are
not too remote.

A) This statement is true

B) this statement is false
C) Both a and b
D) neither a nor b

19. The defendant’s servants negligently left a house van unattended in a crowded street. The throwing of
stones at the horses by a child, made them bolt and a policeman was injured in an attempt to stop them
with a view to rescuing the woman and children on the road.

A) These facts relate to Haynes v. Harwood

B) these facts relate to Ashby v. White
C) these facts relate to Bhim Singh v. State of J & k
D) None of the above

20. Quasi-judicial is also known as a non-judicial body which has the ability to interpret law. It is an
entity or an agency, which has powers and procedures that resemble a court of law or judge, and
which is obliged to determine facts and draw conclusions from them so as to provide the basis of an
official action.
A) True
B) False
C) May be
D) I don’t know

21. Private Nuisance is that kind of nuisance in which a person’s use or enjoyment of his property is
ruined by another. It may also injuriously affect the owner of the property by physically injuring his
property or by affecting the enjoyment of the property.
A) True
B) False
C) May be
D) I don’t know

22. Elements which constitute a private nuisance

A) The interference must be unreasonable or unlawful. It is meant that the act should not be justifiable in
the eyes of the law and should be by an act which no reasonable man would do.
B) Such interference has to be with the use or enjoyment of land, or of some rights over the property, or it
should be in connection with the property or physical discomfort.
C) There should be seeable damage to the property or with the enjoyment of the property in order to
constitute a private nuisance.
D) All of the above

23. An injunction is a judicial order restraining a person from doing or continuing an act which might
be threatening or invading the legal rights of another.
A) It is a remedy available under torts
B) it is not a remedy available under torts
C) Neither a nor b
D) None of the above

24. The damages may be offered in terms of compensation to the aggrieved party.
A) Under law of torts
B) not under law of torts
C) neither a nor b
D) all of the above
25. Trespass, on one hand, is the direct physical interference with the plaintiff’s possession of the property
through some material or tangible object whereas, in the case of a nuisance, it is an injury to some right of
the possession of the property but not the possession itself. Is this statement true?

A) yes, there is a difference between nuisance and trespass

B) No, there is no difference
C) neither a nor b
D) none of the above

26. The concept of nuisance arises commonly in everyone’s daily life, in fact, the Indian courts have
borrowed quite a lot from the English principles as well as from the decisions of the common law along
with creating their own precedents.
A) this leads to the development of torts jurisprudence in India
B) This is not true
C) this does not lead to development
D) none of the above

27. The law of torts consists of rules recognized and acted on by courts of justice.
A) which is also known as Judge made law
B) which is known as international law
C) which is known as criminal wrong
D) none of the above

28. “Torts” are “civil wrongs” that the injured party can seek legal redressal for. Usually, the injured
party in a tort action is entitled to claim un-liquidated damages-
A) True
B) False
C) Both
D) None
29. The law of Torts in India came through England. After the Norman Conquest, French became the spoken
language in England’s judiciary and thus many of the English law’s technical terms owe their origin to
French and tort is one of them. The term ‘tort’ is based on the concept that there are certain rights for
everyone in society. The purpose of this tort law was to enforce rights and duties.

A) Correct
B) Incorrect
C) I don’t know
D) May be

30. ‘Necessity knows no law’. In order to avoid or prevent a great loss or harm, a defendant can cause lesser
harm that is justified. The act of the defendant may be not legal but if it is to avoid major damage then he
can plead this defense.
A) it is a valid defense in law of torts
B) invalid defense
C) both a and b
D) nether a nor b

31. A very unusual act or an event which is the result of the natural forces such as earthquakes, volcanic
eruptions, floods, droughts, etc. is coined as Act of God or ‘Vis major’. It is beyond human imagination
and could not be prevented by human intervention.

A) Highly incorrect statement

B) highly correct statement
C) I don’t know
D) may be option (a)

32. Another general defense is statutory Authority.

A) No
B) Yes
C) false
D) none
33. When a plaintiff himself is the wrongdoer, it is based on the maxim ex turpi causa that if the plaintiff
himself is engaged in the wrongful act or conduct, then he cannot recover damages. Choose from the
following options -

A) incorrect proposition
B) not sure
C) correct proposition
D) balanced proposition

34. In Volenti non fit injuria, if a plaintiff has consented to a wrongful act with free content, either express
or implied, under no pressure of fraud or coercion, with voluntary acceptance of risk, then he has no right
to sue the defendant. Also, there should be a duty on behalf of others.

A) according to the above, Plaintiff may have a chance to sue

B) according to the above, Plaintiff may not have a chance to sue
C) above statement is correct and practical
D) above statement is impractical

35. Which among these is not a General Defense.

A) Mistake
B) Private Defense
C) Inevitable Accident
D) Public Defense

36. The term tort is the French equivalent of the English word ‘wrong’ -
A) True
B) False
C) unsure
D) none
37. A tort is inflicted against or without consent; a contract is founded upon consent.

A) this difference is important

B) there is no difference between tort and contract
C) it does not matter
D) none of the above

38. Motive is often taken into consideration in tort, but it is immaterial in a breach of contract.
A) False
B) Motive may become important in determining liability in a specific tort
C) motive and intention are the same things
D) None

39. In certain cases the same incident may give rise to liability both in contract and in tort. For example,
when a passenger whilst traveling with a ticket is injured owing to the negligence of the railway company,
the company is liable for a wrong which is both a tort and a breach of a contract.

A) This is not possible

B) this is possible
C) highly unlikely
D) none

40. Quasi contract cover those situations where a person is held liable to another without any agreement,
for money or benefit received by him to which the other person is better entitled.

A) true
B) false
C) quasi contract is same as contract
D) none
41. Being a civil injury, tort differs from crime in all respects in which a civil remedy differs from a criminal
one.

A) may be
B) absolutely yes
C) no
D) I don’t know

42. In general, a tort consists of some act done by a person who causes injury to another, for which damages
are claimed by the latter against the former.

A) damages mean physical harm

B) damages mean unliquidated damages in torts
C) damages mean nothing
D) damages and damages are the same in torts

43. There are many acts which though harmful are not wrongful and give no right of action to him who
suffers from their effects.
A) it is called Damnum Sine Injuria
B) it is called injuria sine damnum
C) it is called res ipsa loquitor
D) it is called respondent superior

44. The law of torts is said to be a development of the maxim ‘ubi jus ibi remedium’ or ‘there is no wrong
without a remedy’.
A) correct
B) incorrect
C) may be correct
D) I don’t know

45. To constitute a tort there must be a wrongful act, whether of omission or commission-
A) no, it has to be commission of act only
B) it could be both commission and omission of doing an act
C) it has no logic
D) none

46. malice is not essential to the maintenance of an action for tort.

A) correct
B) incorrect
C) may be correct
D) I don’t know

47. Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which
is NOT exclusively the breach of a contract, or, the breach of a trust, or other merely equitable obligation-
A) definition by Salmond
B) By Winfield
C) by Plato
D) by Grodski

48. In the case of contract, the duty is owed to a definite person(s) while in tort, the duty is owed to the
community at large i.e., duty in- rem.
A) yes
B) no
C) may be
D) none

49. The aim of litigation in torts is to compensate the injured party while in crime; the offender is punished
by the state in the interest of the society.

A) logical statement
B) illogical statement
C) wrong
D) none

50. Unliquidated damages mean

(a) Damage to something solid.
(b) Damage caused by a firm which has gone in liquidation
(c) Damage to a firm in the hands of receivers.
(d) Damage to be assessed by a court as these are not pre-determined.

51. Assault and nuisance are

(a) Wrong under Criminal law.
(b) Wrong under tort.
(c) Wrong under neither.
(d) Wrong under both.

52. The act of unlawfully entering into another’s property constitutes

(a) Trespass
(b) Restraint
(c) Appropriation
(d) Encroachment

53. “Tortious liability arises from breach of duty, primarily fixed by law; this duty is towards
persons generally and its breach is redressable by an action for unliquidated damages” This
definition is given by
(A) Winfield
(B) Salmond
(C) Flemmings
(D) Goodheart

54. In an action for the tort of negligence, what is not required to be proved by the plaintiff is that
(A) there is damage
(B) duty-situation arises
(C) breach of duty owed to some one
(D) breach of duty owed to the plaintiff

55. Torts are grounded in the concept of

a. law
b. court
c. rights
d. sincerity

56. Which of the following is not an element of an intentional tort?

a. An intentional tort occurred.
b. An injury resulted from the tort.
c. The tort did not cause the injury.
d. The injury caused damages to the person.

57. Which of the following is an example of trespass?

a. Ram walks in front of Raj’s house, staying on the sidewalk.
b. Joy hunts on Ram’s land without Ram’s permission. While there, joy shoots one of Ram’s
cows, mistaking the cow for a deer. Ram sells his cows to make a living.
c. Josh borrows Luke’s car after Josh asks Luke to run to the store to pick up some milk.
d. Lisa walks into Heather’s house, who has invited her over for lunch.

58. A loud bass beat that can be heard through an apartment wall (from another apartment) at
midnight can be classified as
a. Nuisance
b. Trespass
c. Interference with contractual relations
d. Conversion

59. Negligence involves:

a. a crime
b. carelessness
c. assault
d. trespass

60. Why is a reasonable person test used to determine breach of duty in a negligence case?
a. Because each tort case is quite similar.
b. Because negligence involves being reasonable.
c. Because a breach of duty occurs when a person does not exercise the degree of care that a
reasonable person would in the same situation
d. Because only reasonable persons are involved in breaches of duty.

61. Which of the following interests is not protected by the law of tort?

a) Loss of commercial profit due to competition

b) Reputation
c) Physical safety
d) Peaceful enjoyment of one’s land

62. What is meant by the term ‘actionable per se‘?

a) Actionable only in the civil courts
b) A tort of strict liability
c) Actionable without proof of damage
d) Actionable at the instance of the injured party only

63. The law of contract is different from the law of tort in which way?
a) It is actionable in both the civil and criminal courts
b) It generally concerns a relationship between two parties only
c) Contracts are always written
d) Tort is made up predominantly of statute law

64. What is the primary function of the law of tort?

a) The punishment of a wrongdoer
b) The clarification of the human rights of parties
c) The spreading of losses throughout society
d) Compensating the claimant

65. Which of the following is not a required element in establishing a negligence action?
a) Breach of duty
b) Malicious intent on the part of the defendant
c) Duty of care
d) Causation of damage of a legally recognized type

66. Which of the following best describes the main function of ‘duty of care’ in negligence?
a) It ensures that the correct defendant is sued
b) It ensures that the claimant is always within the time limit for bringing an action
c) It ensures that the tort of negligence is not committed too often
d) It ensures that the wrongdoer has actually been careless

67. Which of the following is not an objective of the law of tort?

A. Compensation
B. Corrective justice
C. Deterrence
D. Imposition of moral blame

68. The word ‘tort’ has been picked up from:

 • An English word ‘Wrong’
• A Latin word ‘Tortum’
• A Roman word ‘Delict’
• A Sanskrit word ‘Jimha’

69. Under tort what kind of damages are awarded?

• Liquidated
• Unliquidated
• Vindictive
• Exemplary
70. In tort the remedy is available against
• Rem
• Personam
• Both a and b
• None of the above

71. Law of tort is:

• Codified
• Uncodified
• Both a and b
• None of the above
72. Under law of tort who can file a suit:
• Person who has suffered injury
• Relatives of the person who have suffered injury
• Any competent person
• State
73. In law of tort duties are fixed by:
• Parties themselves
• State
• Any competent person
• Law
74. Torts are grounded in the concept of
a. law
b. court
c. rights
d. sincerity

75. Tort is a special branch of Law which originated in

a. America
b. France
c. India
d. England

76. Law of tort has developed mainly through

a. customs and precedents
b. judicial decisions
c. enactment
d. all the above

77. Which of the following is not a valid defense in Torts?

a. Volenti Non-Fit Injuria
b. Vis Major
c. Scienti Non-Fit Injuria
d. Consent

78. The duty under the law of torts is towards

a. group of individuals
b. particular community
c. specific individual
d. world at large
79. Vis major is an
a. accident which can be controlled by human action
b. action of an enemy
c. inevitable accident beyond human control
d. accident with strict liability

80. Volenti non fit injuria implies

a. no one should suffer injury voluntarily
b. mere knowledge of the injury is not enough
c. the harm voluntarily suffered does not constitute legal injury
d. the harm voluntarily suffered constitutes legal injury

81. The remedy in tort law is

a. unliquidated damages
b. restoration of original petition
c. liquidated damages
d. either a or c

82. A person cannot complain of harm which he has exposed himself with knowledge and free
will refers to
a. Volenti non fit injuria
b. act of God
c. inevitable accident
d. ex turpi causa non oritur actio

83. Tort means

a. wrong
b. legal wrong
c. legal civil wrong
d. all of these

84. Tort is a:
(a) Civil wrong
(b) Criminal wrong
(c) Civil as well as criminal wrong
(d) None of the above

85. Who said, “Tortious liability arises from the breach of a duty primarily fixed by the
law, this duty is towards persons generally and its breach is redressable by an action for
unliquidated damages”?
(a) Lord Atkin
(b) Winfield
(c) John Salmond
(d) Fraser

86. Salmond 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 redressable by an action for unliquidated damages
(c) an infringement of a right in rem of a private individual giving aright of Compensation at the
suit of the injured party
(d) none of the above.

87. The duty under the Law of tort is:

(a)towards a specific individual
(b)towards a group of individuals
(C) towards the world at large
(d) both (a) & (b).

88. The propounder of pigeonhole theory is:

(a) Salmond
(b) Winfield
(c) Clerk & Lindsell
(d) Austin.

89. ‘ubi jus ibi remedium’ means:

(a) where there is a right, there is a remedy
(b) there is no remedy without a wrong
(c) there is no wrong without a remedy
(d) there is no right without a remedy.

90. The maxim injuria sine damno has been explained in:
(a) Danoghue v. Stevenson
(b) Winterbottom v. Wright
(c) Ashby v. White
(d) Lumley v. Gye.

91. Liability in tort depends upon:

(a) Quantum of damages suffered
(b) Involvement of Intention
(c) Infringement of legal right
(d) Effect on public interest

92. Where the plaintiff in action sues for a pre-determined and inelastic sum of money, he
is said to have claimed:
(a) Unliquidated damages
(b) Confined damages
(c) Liquidated damages
d) Unlimited damages

93. In a breach of contract, damages may be:

(a) Liquidated
(b) Unliquidated
(c) Liquidated or unliquidated
(d) None of the above

94. Consumer Protection Act is significant to

A) Immovable Goods
B) Movable Goods
C) Particular Goods and Services
D) All Goods and Services

95. When the seller manipulates the price, it is known as

A) Caveat Emptor
B) Unfair trade practices
C) Restricted trade practices
D) None of the above

96. Under this act, the minimum age of forum member of a district forum should be
A) 30
B) 40
C) 35
D) 65
97. Which of the following forum can reappoint the same person as its member?
A) National commission
B) State commission
C) District commission
D) None of the above

98. In which forum is it compulsory to have a female member?

A) National commission
B) State commission
C) District commission
D) All of the above

99. Within how many days does the opposite party have to answer after they are informed
about the complaint?
A) 30
B) 5
C) 20
D) 15