Unit V · UGC NET Law PYQLaw of Torts and Consumer Protection

Question:1 (JUNE 2009)

The reason for the lack of tort litigation in India is due to:

Options:

1. (a)Lack of consciousness about one’s rights and the spirit of toleration
2. (b)The fact that court of litigation is beyond the means of an average person
3. (c)Undue delay in the final disposal of the cases
4. (d)All of the above✓

Question: 2 (JUNE 2009)

Who observed that the penal law of primitive communities was not the law of crime but the law of wrongs or torts?

Options:

1. (a)Austin
2. (b)Blackstone
3. (c)Henry Maine✓
4. (d)Roscoe Pound

Question: 3 (JUNE 2009)

The word ‘Tort’ has been derived and has its origin in:

Options:

1. (a)French Language
2. (b)Latin Language✓
3. (c)Roman Language
4. (d)None of these

Question: 4 (JUNE 2009)

The propounder of Pigeon-hole theory is:

Options:

1. (a)Salmond✓
2. (b)Winfield
3. (c)Clerk and Lindsell
4. (d)Austin

Question: (JUNE 2010)

Tort is a violation of:

Options:

1. (a)Right in personam
2. (b)Right in rem✓
3. (c)Both (a) and (b)
4. (d)None of the above

Question: (JUNE 2010)

Assertion (A): Law of torts is concerned with allocation and distribution of losses and awarding compensation to the victim.

Reason (R): This is a branch of law governing actions for damages for injuries to private legal rights.

Options:

1. (a)(A) is correct, but (R) is wrong✓
2. (b)(R) is correct, but (A) is wrong
3. (c)Both (A) and (R) are correct
4. (d)Both (A) and (R) are wrong

Question: (DECEMBER 2010)

Torts is defined as a civil wrong for which remedy is an action for:

Options:

1. (a)Unliquidated damages✓
2. (b)Liquidated damages
3. (c)Damages of all kinds
4. (d)No damages

The propounder of “Pigeon-hole Theory” is:

1. (a)Salmond✓
2. (b)Austin
3. (c)Winfield
4. (d)Clerk & Lindsell

Question:

Assertion (A): Tort is a civil wrong redressible by an action for unliquidated damages only.

Reason (R): Law does not provide compensation in the nature of liquidated damages.

Options:

1. (a)(A) and (R) are true and (R) is correct explanation of (A)
2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
3. (c)(A) is true, but (R) is false✓
4. (d)(A) is false, but (R) is true

Which one of the following statements is incorrect?

1. (a)Tort is civil wrong in which claim for unliquidated damages is made
2. (b)In tort, action lies against the wrongdoer in a civil court
3. (c)For a tortious liability, a jail term can also be awarded✓
4. (d)In some torts an injunction can also be issued against the wrong-doer

State which of the following statements is incorrect?

1. (a)Liability in tort arises from breach of duty primarily fixed by law
2. (b)The duty, breach of which results in tortious liability is towards the public
3. (c)The duty, breach of which results in tortious liability, is towards specific person only✓
4. (d)The breach of duty, which results in liability in tort, is redressable by an action for unliquidated damages

"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:

1. (a)Winfield
2. (b)Salmond✓
3. (c)Hemmings
4. (d)Goodheart

Which one of the following statements is not correct?

1. (a)In tort, there is a breach of duty which is primarily fixed by law.
2. (b)In tort, there is a violation of a right in rem.
3. (c)In tort, the motive for breach of duty is immaterial.
4. (d)In tort, the damages are fixed according to the terms and conditions.✓

Which one of the following is correct?

1. (a)Damages can be dispensed with in tort.
2. (b)Damage cannot be awarded in tort when other remedies are provided by a statute.
3. (c)A remedy by way of damages is an essential ingredient of tort.✓
4. (d)Damages can be awarded only if there is a physical injury.

Tort is defined as “an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party” by:

1. (a)Salmond
2. (b)Fraser✓
3. (c)Winfield
4. (d)Flemmings

Who is the propounder of the ‘Pigeon Hole Theory’?

1. (a)Winfield
2. (b)Salmond✓
3. (c)Flemming
4. (d)Paton

“Just as the criminal law consists of a body of rules establishing specific offences, so the law of torts consists of a body of rules establishing specific injuries.” Who stated this?

1. (a)Austin
2. (b)Salmond✓
3. (c)Winfield
4. (d)Pollock

Who defined law of tort as “tortuous liability arises from the breach of duty primarily fixed by the law: this duty is toward persons generally and its breach is redressible by an action for unliquidated damages”?

1. (a)Salmond
2. (b)Lord Denning
3. (c)Fraser
4. (d)Winfield✓

Which one of the following statements is correct in relation to the law of torts in India?

1. (a)It is based on morality that no one has a right to injure or harm others intentionally or even innocently✓
2. (b)It is a civil wrong for which the remedy is a common law action for liquidated damages
3. (c)It is based on law which in the constitutional equity covers everything covered by a statute
4. (d)It is an act and no omission suffered by a determinate person

Which of the following is not an essential element of tort?

1. (a)Tort is a civil wrong
2. (b)This civil wrong is other than a mere breach of contract and breach of trust
3. (c)It is similar to criminal wrong relating to uncivilized acts✓
4. (d)This wrong is redressible by an action for unliquidated damages

Which of the following is not a constituent of Tort?

1. (a)Wrongful act
2. (b)Damage
3. (c)Remedy
4. (d)Mens rea✓

In which one of the following cases it has been held that Section 9 of Civil Procedure Code, 1973, which enables a civil court to try all suits of civil nature, impliedly confers jurisdiction to apply the law of torts as principles of justice, equity and good conscience?

1. (a)Union Carbide Corporation v. Union of India✓
2. (b)Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai
3. (c)Rohtas Industries Ltd. v. Rohtas Industries Staff Union
4. (d)Waghela Rajsanji v. Shekh Masludin

The word 'Tort' has been derived from the Latin word

1. (a)Tortus
2. (b)Tortum✓
3. (c)Torrent
4. (d)Torture

According to whom is it 'Law of Tort and not Law of Torts

1. (a)Winfield✓
2. (b)Pollock
3. (c)Fraser
4. (d)Salmond

"A tort is a civil wrong for which, the remedy in an action for damanges and which is not exclusively breach of contract or breach of trust or breach of merely equitable obligation". The above definition was given by

1. (a)Salmond✓
2. (b)Winfield
3. (c)Fraser
4. (d)Clerk and Lindsell

''The Courts have created new torts by the gradual and sometimes almost imperceptible extension of old tort '', who said the above statements?

1. (a)Professor Good hart✓
2. (b)Sir Frederick Pollock
3. (c)Clerk and Lindsell
4. (d)Salmond

Which of the following legal maxims in not related to tort

1. (a)Ubi jus ibi remedium
2. (b)Volenti non fit injuria
3. (c)Res ipsa Loquitur
4. (d)Pari delicto✓

Given below are two statements: To constitute a tort

Statement I : There must be some act or omission on the part of the defendant

Statement II : The act or omission should result in legal damage

In the light of the above statements, choose the correct answer from the options given below

1. (a)Both Statement I and Statement II are true I II✓
2. (b)Both Statement I and Statement II are false I II
3. (c)Statement I is true but Statement II is false I , II
4. (d)Statement I is false but Statement II is true I , II

The definition of Tortious Liability: "Tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages" - is given by which of the following jurist?

1. (a)Salmond
2. (b)Winfield✓
3. (c)Fraser
4. (d)Puchta

Which of the following case decided by the Supreme Court of India deals with the concept of 'Public Wrong' under Tort?

1. (a)Sebastin M V/s Union of India✓
2. (b)Kasturi Lal V/s State of UP
3. (c)Carew & Co. Ltd. V/s Union of India
4. (d)Union of India V/s Ashok Kumar

Match the LIST-I with LIST-II LIST-I (Theory) LIST-II (Propounder)

A. Pigeon Hole Theory I. William Prosser

B. Neighbour Rule II. Wenfield

C. Tort is Social Engineering III. Lord Atkin

D. Use of phrase 'Law of Tort' IV. Salmond

Choose the correct answer from the options given below

1. (a)A-IV, B-III, C-I, D-II✓
2. (b)A-II, B-I, C-III, D-IV
3. (c)A-III, B-II, C-IV, D-I
4. (d)A-I, B-IV, C-II, D-III

"Tortious liability arises from the breach of a duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by an action for unliquidated damages" this definition is attributable to which of the following jurist?

1. (a)Salmond
2. (b)Winfield✓
3. (c)Austin
4. (d)Fraser

Question: (JUNE 2011)

General mens rea is an essential element in a criminal offence. What is its relevance in tort?

Options:

1. (a)It is relevant and crucial
2. (b)It has no relevance whatsoever
3. (c)It is generally not important✓
4. (d)It is relevant in certain tortious actions

Question: (JUNE 2012 – PAPER 2)

Liability in torts depends on:

Options:

1. (a)Quantum of damages suffered
2. (b)Involvement of intention
3. (c)Infringement of legal right✓
4. (d)Effect of public interest

Question : JUNE 2012 PAPER 3

Which of the following is the gist of tortious liability?

1. (a)Legal damages
2. (b)Violation of legal rights✓
3. (c)Availability of legal duty
4. (d)None of the above

Mental condition of the wrongdoer at the time of wrong-doing is:

1. (a)Relevant in all torts
2. (b)Relevant to torts based on fault✓
3. (c)Relevant in torts based on strict liability
4. (d)Not relevant in tortious liability

A person can claim damages even if he has suffered no loss.

Codes:

1. (a)1 and 2
2. (b)3 and 4✓
3. (c)1 and 3
4. (d)2 and 4

Right to claim damages in Tort would arise only if:

1. (a)1 and 2 are present
2. (b)1, 2 and 4 are present✓
3. (c)1, 3 and 4 are present
4. (d)3 and 4 are present

Right to claim damages in tort would arise only if:

1. (a)1, 2 and 3 are present
2. (b)1, 2 and 4 are present✓
3. (c)1, 3 and 4 are present
4. (d)1, 2, 3 and 4 are present

Mental condition of the wrongdoer is:

1. (a)Relevant in all torts
2. (b)Not relevant in tortious liability
3. (c)Relevant in case of strict liability
4. (d)Relevant in torts based on fault✓

In order to bring an action for tort, the plaintiff has to prove that:

1. (a)There has been a legal damage caused to him✓
2. (b)Violation of a legal right not vested in him
3. (c)There has been no legal damage caused to him
4. (d)Violation of no legal right and has not resulted in harm to him

Assertion (A): Mental element is an essential element in most torts.

Reason (R): State of mind of the defendant is not relevant to ascertain his liability in all branches of law of torts.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true but (R) is not the correct explanation of (A)
3. (c)Both (A) and (R) are true
4. (d)Both (A) and (R) are false✓

A tort is a civil wrong for which the remedy is a common law action for liquidated damages.

In tort, 'motive' for the violation of right is immaterial.

Codes:

1. (a)Only 1 is correct✓
2. (b)1 and 2 are correct
3. (c)1, 2, and 3 are correct
4. (d)1, 2, 3, and 4 all are correct

Question: 1 (JUNE 2009)

Match List-I with List-II and select the correct answer using the codes given below:

List-I (Principle) | List-II (Case Law)

A. Damnum sine injuria | 4. Gloucester Grammar School Case (1410)

B. Absolute liability | 3. Rylands v. Fletcher (1868)

C. Injuria sine damnum | 1. Ashby v. White (1703)

D. Inevitable accident | 2. Stanley v. Powell (1891)

Codes:

1. (a)3 1 2 4
2. (b)4 3 1 2✓
3. (c)2 4 1 3
4. (d)4 2 3 1

Question: 2 (JUNE 2009)

‘Ubi Jus ibi remedium’ means:

Options:

1. (a)Every law provides for remedies
2. (b)There is not remedy without a wrong
3. (c)There is no wrong without a remedy✓
4. (d)There is always a remedy for every wrong

Question: (DECEMBER 2009)

‘Qui facit per alium facit per se’ establishes the:

Options:

1. (a)Liability under the Indian Penal Code
2. (b)Liability under the law of torts
3. (c)Vicarious liability✓
4. (d)Liability under the Indian Contract Act

Question: (JUNE 2010)

Which of the following is not correctly matched?

Options:

1. (a)Ubi jus ibi remedium – Where there is a right, there is a remedy
2. (b)Res ipsa loquitur – Things speak for themselves
3. (c)Damnum sine injuria – Damage without injury
4. (d)Injuria sine damnum – Injury with damage✓

Question:

The exercise of ordinary rights for a lawful purpose and in a lawful manner is no wrong even if it causes damage. This is known as:

Options:

1. (a)Volenti non fit injuria
2. (b)Injuria sine damnum
3. (c)Damnum sine injuria✓
4. (d)None of the above

Question:

Respondent superior means:

Options:

1. (a)Respondent is superior than plaintiff
2. (b)Master is superior
3. (c)Servant is not liable
4. (d)Master is vicariously liable✓

Question: (JUNE 2011)

The liability of master and servant is:

Options:

1. (a)Joint
2. (b)Several
3. (c)Joint and several✓
4. (d)Joint and several in exceptional cases

Question:

Which of the following ingredients are essential to make the master liable for the acts of the servant?

Tort was committed by the servant

Tort was committed in the course of employment

Express authority was given by master

Master has knowledge of all constituent facts of tort

Options:

1. (a)1, 2, 3
2. (b)1, 2, 4
3. (c)3, 4
4. (d)1, 2✓

Which one of the following is an 'actionable' wrong?

1. (a)Injuria sine damnum✓
2. (b)Damnum sine injuria
3. (c)Both of the above
4. (d)None of the above

Which one of the following is not an example of vicarious liability?

1. (a)Liability of the principal for the tort of his agent
2. (b)Liability of partners for each other’s tort
3. (c)Liability of the master for the tort of his servant
4. (d)Liability of the parents for the tort of the children✓

Sometimes it happens that the legal right of a person is violated but he does not suffer any harm. From which one of the following maxims we can attribute it?

1. (a)Damnum sine injuria
2. (b)Injuria sine damno✓
3. (c)Volenti non fit injuria
4. (d)Res ipsa loquitur

D employs a driver Z to drive his car. D specifically instructs the driver not to drive fast and in no case exceed the speed of 50 kms per hour. Z exceeds the limit and causes the accident in which P is injured. In an action against D for damages:

1. (a)D is not vicariously liable for the act of the driver because the driver acted against the express instructions of his master
2. (b)D is not liable as the act of the driver was not done during the course of employment
3. (c)D is liable as the driver was doing an authorised act in an unauthorised manner✓
4. (d)D is not liable as there was contract for service between D and the driver

"If it was lawful act, however ill the motive might be, the defendant had a right to do it." This observation was made by the court in one of the following cases:

1. (a)Mayor of Bradford Corporation v. Pickles✓
2. (b)Ashby v. White
3. (c)Christie v. Davey
4. (d)Hallywood Silver Fox Farm Ltd. v. Emmet

The owner of the bus instructed the driver not to race and compete with other omnibuses on a particular route. The driver still tried to obstruct a rival omnibus and caused an accident. What shall be the nature of liability?

1. (a)The driver shall be liable for the accident because he did not follow the instructions of his owner
2. (b)It shall be the liability of the owner of the bus because he has no authority to give such instructions
3. (c)The owner of the bus shall be vicariously liable for the accident committed by his driver during the course of employment✓
4. (d)Neither owner nor driver shall be liable

Match List-I (Name of Maxim) with List-II (Meaning of Maxim) by using the codes given below:

List-I (Maxim) | List-II (Meaning)

A. Volenti non fit injuria | 3. No injury is done to one who knowingly does an act

B. Qui facit per alium facit per se | 2. He who does an act through another is deemed in law to do it himself

C. Ubi jus ibi remedium | 1. Where there is a right, there is a remedy

D. Ubi remedium ibi jus | 4. Where there is a wrong, there is a remedy

Code:

1. (a)3 4 1 2
2. (b)4 3 2 1
3. (c)3 2 4 1✓
4. (d)1 2 3 4

Assertion (A): X opens a food court in front of Y’s food joint. All the customers of Y patronize X. Y cannot claim damages from X.

Reason (R): There is a Latin maxim damnum sine injuria.

Codes:

1. (a)(A) is true but (R) is false
2. (b)(A) is false but (R) is true
3. (c)Both (A) and (R) are true but (R) is not the correct explanation of (A)
4. (d)Both (A) and (R) are true and (R) is the correct explanation of (A)✓

Which of the following is not a form of damnum sine injuria?

There is no right of action for damages for contempt of court

Loss inflicted on individual traders by competition

Damage done by a man acting under necessity to prevent a greater evil

Damage caused by defamatory statements made on any occasion

Codes:

1. (a)1, 2, 3 and 4
2. (b)1 and 2
3. (c)2 and 4✓
4. (d)None of the above

Assertion (A): A master is liable for the torts committed by his servant while not acting in the course of employment.

Reason (R): Liability of the master for the act of his servant is based on the maxim respondeat superior.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true✓

Match List-I with List-II and select the correct answer using the codes given below:

List-I (Cases) | List-II (Doctrines/Principles)

A. Bhim Singh v. State of J & K | 2. Injuria sine damnum

B. Municipal Corporation of Delhi v. Subhagwanti | 3. Res ipsa loquitur

C. Nichols v. Marsland | 4. Vis major

D. Mogul Steamship Co. v. McGregor Gow & Co. | 1. Damnum sine injuria

Codes:

1. (a)1 2 3 4
2. (b)4 3 2 1
3. (c)2 3 4 1✓
4. (d)2 1 4 3

Assertion (A): The relation of partners inter se is that of principal and agent.

Reason (R): The rules of law of agency do not apply in case of their liability.

Codes:

1. (a)Both (A) and (R) are true, and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is right, but (R) is wrong✓
4. (d)(A) is wrong, but (R) is right

In which case the principle 'ubi jus ibi remedium' was recognized?

(Where there is a right, there is a remedy)

1. (a)Rylands v. Fletcher
2. (b)Ashby v. White✓
3. (c)Ashdown v. Samuel Williams
4. (d)Pema Chibber v. Union of India

If a tort is committed by any partner in the ordinary course of business of firm, all other partners are liable.

Codes:

1. (a)1, 2, 3 and 4
2. (b)1, 2 and 3
3. (c)1, 2 and 4✓
4. (d)1 and 4

Question: (JUNE 2011)

Match the following:

A. Common employment → ?

B. Respondeat superior → ?

C. Agreement to injure the other in trade → ?

D. Egg-shell skull rule → ?

Conspiracy

Master and servant

Servant and servant

Tort-feasor takes his victim as he finds

Codes:

1. (a)A–3, B–2, C–1, D–4✓
2. (b)A–3, B–2, C–4, D–1
3. (c)A–2, B–3, C–4, D–1
4. (d)A–2, B–3, C–1, D–4

P, owner of a car, asked his friend Q to drive the car to Bombay where he would join him. As the car was about five kilometres from Bombay, it hit a pedestrian R, on account of Q's negligent driving and injured him seriously. R sued P for damages. In this case:

1. (a)P is not liable
2. (b)The liability is solely of Q as P was not accompanying him
3. (c)Since Q was driving P's car under his authority, P is liable✓
4. (d)P has the defence of inevitable accident

Match List-I with List-II. Use the code below to select the right answer:

Codes:

A B C D

1. (a)2 3 4 1
2. (b)2 3 1 4
3. (c)3 1 4 2
4. (d)3 1 2 4✓

Match List-I and List-II and select the correct answer using the codes given below:

Codes:

1. (a)4 2 1 3✓
2. (b)2 4 1 3
3. (c)1 2 3 4
4. (d)4 3 2 1

Match List-I with List-II and select the correct answer:

List-I (Case) | List-II (Decision)

A. Mayor of Bradford v. Pickles | 4. If there is no damage to a legal right, action does not lie even for malicious act.

B. Donoghue v. Stevenson | 1. Consumer can bring an action against manufacturer.

C. Klaus Mittebachert v. East India Hotels Ltd. | 2. A hotel with high charges must take a very high degree of care of its visitors.

D. Dulieu v. White and Sons | 3. Nervous shock for fear of injury to plaintiff herself was recognized.

Codes:

1. (a)A-2, B-1, C-3, D-4
2. (b)A-4, B-3, C-2, D-1
3. (c)A-1, B-4, C-2, D-3
4. (d)A-4, B-1, C-2, D-3✓

"Test of control" deals with

1. (a)master and servant relationship✓
2. (b)measures of damages
3. (c)course of employment
4. (d)implied authority

Arrange the following judgments on Trots in Chronological Order

1. Ashby v. White

2. MC Mehta v. Union of India

3. Reyland v. Fletcher

4. Donoghue v. Stevenson

Choose the correct option

1. (a)2, 4, 3, 1
2. (b)1, 3, 4, 2✓
3. (c)1, 3, 2, 4
4. (d)4, 2, 1, 3

Given below are two statements - One is labelled as Assertion (A) and the other is labelled as Reason (R)

Assertion (A): Special provisions in Insurance law are required as to compensation in case of hit and run motor accidents

Reasons (R): Section 161 of the Motor Vehicles Act, 1988, makes special provisions for payment of compensation in respect of the death of, or grevious hurt to, persons resulting from hit and run motor accidents

In the light of the above two statements choose the correct option

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true and (R) is not the correct explanation of (A)✓
3. (c)(A) is true but (R) is false
4. (d)(A) is false but (R) is true

The Maxim 'Damnum Sine injuria' means

1. (a)Infringement of Legal right with damage or loss
2. (b)Damag or loss without infringement of legal right✓
3. (c)Where there is a right there is a remedy
4. (d)Infringement of an absolute right without damage or loss

Where does vicarious liability generally arise from

A. A contract of service

B. A contract of service

C. A contract of service as well as a contract for service

D. A wrongful act of servant

Choose the correct answer from the options given below

1. (a)A and D only✓
2. (b)D only
3. (c)A, B and C all
4. (d)B only

A person may be liable in respect of wrongful acts or omission of the others in which of the following ways

A. As having reatified and authorised the particular act

B. As standing towards the other person in a relation entailing responsibility for wrongs done by that person

C. As having abetted the tortious acts committed by others

Choose the correct answer from the options given below

1. (a)A only
2. (b)B only
3. (c)C only
4. (d)A, B, C✓

Mental condition of a wrong doer at the time of wrong doing is

1. (a)Relevant in all torts
2. (b)Relevant in torts based on fault✓
3. (c)Relevant in tort based on strict liability
4. (d)Not relevant at all

Arrange the correct sequence in which the liability for tort will arise for the following

(1) Damages

(2) Breach of duty

(3) Duty to take care

(4) Causation

Choose the correct answer from the options given below

1. (a)(1), (2), (3), (4)
2. (b)(2), (3), (1), (4)
3. (c)(3), (2), (4), (1)✓
4. (d)(3), (1), (2), (4)

Given below are two statements, one is labelled as Assertion A and the other is labelled as

Reasons R

(Assertion

(Reasons R)

Assertion A : A master is liable for all tortious acts of his servants done in the course of employment

Reason R : The representatives of the dead person are, in certain cases, liable for the acts of the deceased

In light of the above statements, choose the most appropriate answer from the options given below

1. (a)Both A and R are correct and R is the correct explanation of A
2. (b)Both A and R are correct but R is not the correct explanation of A✓
3. (c)A is correct but R is not correct A R
4. (d)A is not correct bur R is correct A R

The leading case 'Ashby V/s White' was

decided by

1. (a)Lord Denning
2. (b)Peacock
3. (c)Lord Holt✓
4. (d)Vscount Haldone

Arrange the following cases in the sequence in which they were decided

(A) Gloucester Grammar School Case

(B) Donoghue v. Stevenson Case

(C) Ashby v. White Case

(D) Rylands v. Fletcher Case

Choose the correct answer from the options given below

1. (a)(A), (C), (D), (В)✓
2. (b)(B), (C), (D), (A)
3. (c)(C), (D), (B), (A)
4. (d)(B), (A), (D), (C)

When an absolute right is violated, the law conclusively presumes damages although the person wronged may have suffered no pecuniary loss. This was decided in case of

1. (a)Rogers v. Rajender Dutt
2. (b)Ashby v. White✓
3. (c)Winsmore v. Greenbank
4. (d)Tozer v. Child

Match List - I with List - II

List -I List-II

(A) Malice in Law

(B) Malfeasance

(C) Misfeasance

(1) Commission of an unlawful Act which are actionable per se (II) Improper performance of a lawful act Omission to perform an act when there is obligation perform it to

(D) Non-feasance (IV) Intentional doing of a wrongful act and improper motive

Choose the correct answer from the options given below

1. (a)(A)-(IV), (B)-(I), (C)-(II), (D)-(III)✓
2. (b)(A)-(1), (B)-(II), (C)-(III), (D)-(IV)
3. (c)(A)-(III), (B)-(IV), (C)-(1), (D)-(II)
4. (d)(A)-(II), (B)-(III), (C)-(IV), (D)-(1)

Match List - I with List - II

List - I (Maxims)

(A) Qui facit per alium facit per se

(B) Volenti non fit injuria

(C) Damnum sine injuria

(D) Respondeat superior

(1)

List - II (Principle/Meaning) let the principal be liable (II) damage without the violation of a legal right (III( voluntary consent to suffer some harm (IV) the act of an agent is the act of the principal

Choose the correct answer from the options given below

1. (a)(A)-(I), (B)-(II), (C)-(III), (D)-(IV)
2. (b)(A)-(IV), (B)-(III), (C)-(II), (D)-(I)✓
3. (c)(A)-(III), (B)-(IV), (C)-(I), (D)-(II)
4. (d)(A)-(II), (B)-(I), (C)-(IV), (D)-(III)

Match List - I with List - II

List - I

(A) Vicarious Liability

(B) Absolute Liability

(C) Strict Liability

(D) Vicarious Liability of the State

(1)

List-II State Bank of India v/s Shyama Devi (II) Rylands v/s Fletcher (III) Peninsular and Oriental Steam Navigation Company v/s Secretary of State for India (IV) M.C. Mehta v/s Union of India

Choose the correct answer from the options given below

1. (a)(A)-(I), (B)-(II), (C)-(III), (D)-(IV)
2. (b)(A)-(IV), (B)-(III), (C)-(II), (D)-(1)
3. (c)(A)-(I), (B)-(IV), (C)-(II), (D)-(III)✓
4. (d)(A)-(IV), (B)-(I), (C)-(III), (D)-(II)

Match the LIST-I with LIST-II LIST-I (Case Law) LIST-II (Concept)

A. Ashby V/s White I. Poverty as an involuntary act under Tort

B. Ryland V/s Fletcher II. Violation of absolute Right

C. Olga Tellis V/s Bombay Municipal Corp. III. Strict liability

D. Allen V/s Flood IV. Motive is irrelevant in Tort

Choose the correct answer from the options given below

1. (a)A-II, B-III, C-I, D-IV✓
2. (b)A-I, B-II, C-IV, D-III
3. (c)A-III, B-IV, C-II, D-I
4. (d)A-IV, B-I, C-III, D-II

'Doctrine of Common Employment' has the origin in which of the following case?

1. (a)Priestley V/s Fowler✓
2. (b)Brochle Bank V/s Noor Ahmed
3. (c)Governor General in Council V/s Zena Wells
4. (d)Secretary of State V/s Rukmani Ben

Match List I with List II LIST I (Legal Maxim) LIST II (Meaning)

A. Ubberrima Fides I. Double meaning defamatory word

B. Innuendo II. Reasonable sum of the money

C. Quantum Merit III. Goods without an owner

D. Bona Vacantia IV. Utmost good faith

Choose the correct answer from the options given below

1. (a)A-IV, B-I, C-II, D-III✓
2. (b)A-IV, B-II, C-III, D-I
3. (c)A-II, B-IV, C-I, D-III
4. (d)A-III, B-IV, C-II, D-I

Question: (DECEMBER 2009)

If a person enters voluntarily into a sports event and receives grave injury, he has:

Options:

1. (a)A claim in torts for medical expenses though not for a loss of income
2. (b)A claim in torts for loss of earning capacity
3. (c)No claim in torts because the injury was not intentionally caused
4. (d)No claim in torts because of the principle volenti non fit injuria✓

Question: (JUNE 2010)

Limitations of the scope of the doctrine volenti non fit injuria are:

Options:

1. (a)Rescue cases
2. (b)Statutory authority
3. (c)Both (a) and (b)✓
4. (d)None of the above

Question:

Assertion (A): For an “Act of God” to be an exception, there must be natural forces so unexpected that no human foresight or skill could reasonably anticipate it.

Reason (R): It is not an absolute exception and can be overlooked.

Options:

1. (a)(A) is correct, but (R) is wrong
2. (b)(R) is correct, but (A) is wrong
3. (c)Both (A) and (R) are correct✓
4. (d)Both (A) and (R) are wrong

Question: (JUNE 2011)

Match the following:

A. Act of God → ?

B. Remoteness of damage → ?

C. Act of State → ?

D. Negligence → ?

Secretary of State for India v. Hari Bhai

Nichols v. Marsland

Donoghue v. Stevenson

Smith v. London & South Western Rly. Co.

Codes:

1. (a)A–3, B–1, C–2, D–4
2. (b)A–2, B–4, C–1, D–3✓
3. (c)A–1, B–2, C–3, D–4
4. (d)A–4, B–3, C–2, D–1

Match List-I with List-II and select the correct answer using the codes given below the lists:

List-I | List-II

A. Damnum sine injuria | 2. Gloucester Grammar School case

B. Absolute liability | 4. Rylands v. Fletcher

C. Injuria sine damnum | 1. Ashby v. White

D. Inevitable accident | 3. Stanley v. Powell

Codes:

1. (a)A–2, B–4, C–1, D–3✓
2. (b)A–1, B–3, C–4, D–2
3. (c)A–3, B–1, C–2, D–4
4. (d)A–4, B–2, C–3, D–1

While X with a package was trying to board a running train, the railway guard tried to help him and pushed him inside a compartment but the package fell and rolled down on the railway track causing an explosion (as package contained fireworks), and a splinter hit Y who was some ten feet away, injuring him. Y sued the railway company for negligence of the railway guard.

1. (a)Railway company is liable
2. (b)Railway company is not liable as it owed no duty to Y
3. (c)Injury to Y is too remote, hence no liability
4. (d)Railway company owed a duty to the general public that its employees will not act negligently✓

Following are good defences to an action in torts:

Volenti non fit injuria

Scienti non fit injuria

Vis major

1. (a)1, 2
2. (b)2, 3
3. (c)1, 3✓
4. (d)Only 3

Which one of following defences is not available in Law of Tort?

1. (a)Volenti non fit injuria
2. (b)Act of God
3. (c)Contributory negligence✓
4. (d)Res ipsa loquitur

The plaintiff was watching a cricket match at a stadium organized by the Cricket Club of India. He was seriously injured by a mighty hit from the batsman. In this case, who is liable to pay the damages to the plaintiff?

1. (a)The batsman
2. (b)The Cricket Club of India
3. (c)Both (a) and (b) above
4. (d)None of the above✓

Due to the negligence of the owners of a well, it was filled with poisonous gases and two of the employees were trapped inside the well. B, an expert in disaster management, was called to rescue them. Despite being warned of the risk, B entered the well with the help of a rope to save the employees. He was overcome by the gases and later died in hospital. B’s wife sued the owners of the well for compensation.

1. (a)Owners are not liable because maxim volenti non fit injuria applies
2. (b)Owners are not liable because B was an expert and master of his trade
3. (c)Owners are liable because the act of B was the natural and probable consequence of the owners’ negligent act✓
4. (d)Owners are liable because B died while being engaged by them

P and Q, unknown to R, sought and got a lift in R's car, but on account of some mechanical defect in the car, of which R was not aware, one of the front wheels of the car got detached and flew away, and the car toppled. P and Q got serious injuries and later on, P died of his injuries. Q and P's next kin sued R for damages for negligent driving. What defence does R have?

1. (a)Volenti non fit injuria
2. (b)No responsibility towards P and Q who got a free lift
3. (c)Inevitable accident✓
4. (d)No defence

Which one of the following is not a valid defence in tort?

1. (a)Vis major
2. (b)Volenti non fit injuria
3. (c)Inevitable accident
4. (d)Sienti non fit injuria✓

Match the List-I with List-II and give the correct answer using the codes below:

List-I (Name of Defence) | List-II (Case Law)

A. Act of State | 1. Buron v. Denman

B. Consent | 2. Hail v. Brookland Auto Racing Club

C. Act of God | 3. Metropolitan Asylum Board v. Hills

D. Statutory Authority | 4. Nicholas v. Marsland

Codes:

1. (a)3 2 1 4
2. (b)1 2 4 3✓
3. (c)3 1 2 4
4. (d)4 1 3 2

Which one of the following is not an exception to the rule of volenti non fit injuria?

1. (a)Surgeon amputates a limb of a patient to save his life
2. (b)Injury is caused while play-fighting with naked swords at a religious function✓
3. (c)Injury is caused while doing lawful acts under a contract
4. (d)Injury is caused to a player in a football match

Which of the following statement(s) is/are incorrect?

Mistake of fact or of law is generally a defence to tort

Law permits reasonable force to protect person or property

Act of God is a defence if there is working of natural forces with ordinary occurrence

Inevitable accident is not a defence if defendant proves no intention to injure and could not avoid with reasonable care

Codes:

1. (a)(1) and (2) only
2. (b)(1), (2) and (3) only
3. (c)(1), (2), (3) and (4) all
4. (d)(1), (3) and (4) only✓

Question: (DECEMBER 2009)

If A gives lift in his car to B up to a certain place and on the way due to negligence of A an accident is caused. A has:

Options:

1. (a)No responsibility towards B
2. (b)No legal duty to take care of B's safety
3. (c)A legal duty to take care of B also and is liable for compensation✓
4. (d)All of the above

P voluntarily accepted a lift from D, who was drunk and driving the car. D was affected by the drink and this was known to P. D caused an accident in which P suffered injury. Here:

1. (a)D can escape the liability because P was aware of risk.
2. (b)D is liable because P did not agree to suffer the harm.
3. (c)D is not liable because he gave free lift to P.
4. (d)D is liable because the degree of intoxication was not such that it can be assumed there was voluntary assumption of risk.✓

An accident is 'one of ordinary course of things, something so unusual as not to be looked for by a person of ordinary prudence', is said to be

1. (a)Negligence
2. (b)Inevitable Accident✓
3. (c)Act of God
4. (d)dammum sine injuria

Which of the following is not a valid defence in tort?

1. (a)Private Defence
2. (b)Volenti non fit injuria
3. (c)Vis major
4. (d)Ex dolo malo non Oritur actio✓

Following are good defences to an action in tort

1. Act of God

2. volenti non fit injuria

3. private defence

4. trustee do son tort

Choose the correct option

1. (a)1, 2 and 4 only
2. (b)2, 3 and 4 only
3. (c)4, 1 and 3 only
4. (d)1, 2 and 3 only✓

Match List – I with List -II

I -II

List-I/I List-II

A. Mersey Dock's v. Proctor I. Statutory Authority

B. Metropolitan Asylum District v. Hill - II. Vicarious liability

C. Nichols v. Marsland III. Inevitable accident

D. Holmes v. Mather IV. Act of God

Choose the correct answer from the options given below

1. (a)A - II, B – I, C - IV, D - III✓
2. (b)A - III, B - II, C- I, D - IV
3. (c)A - I, B - II, C- III, D - IV
4. (d)A - IV, B - II, C - III, D - I

In case of "tort of trespass", which of the following defence shall not apply?

1. (a)Statutory authority
2. (b)Contributory negligence✓
3. (c)Private defence
4. (d)Mesne profits

Which of the following is not a general defence under the law of torts?

A. Mistake

B. Remoteness

C. Necessity

D. Consent

Choose the correct answer from the options given below: 1. 2. 3 4. B Only

1. (a)A and B Only
2. (b)C Only
3. (c)C and D Only
4. (d)B Only✓

There is a school by the side of the road. Three children of nursery class stray away from the school on to the road. A truck driver, who was driving the truck at a normal speed, notices the children. While trying to save the children, the truck hits a shop and an injury is caused to one person. Which of the following assertions correctly represent the law?

1. (a)The school management is liable as they are negligent in not keeping the children within the school premises
2. (b)The truck driver is liable as he did not take proper care
3. (c)The children are liable as they contributed to the accident
4. (d)None is liable as it is a pure accident✓

Assertion (A): Every partner may attend diligently to his duties in the conduct of business. Reason (R): Every partner must be intelligent. Codes:

1. (a)Both (A) and (R) are true and (R) is correct explanation of (A)
2. (b)Both (A) is true, but (R) are true, but (R) is not correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)Both (A) and (R) are false✓

The doctrine, res-ipsa loquitur, was applied by the Supreme Court in:

1. (a)Alka v. Union of India
2. (b)Aasa Ram v. Municipal Corporation of Delhi
3. (c)Municipal Corporation of Delhi v. Subhagwanti✓
4. (d)Jasbir Kaur v. State of Punjab

The principle of privity of contract was held to be not applicable to an action for tort in:

1. (a)Winterbottom v. Wright
2. (b)Donoghue v. Stevenson✓
3. (c)Grant v. Australian Knitting Mills Ltd.
4. (d)Ashby v. White

Question: (JUNE 2011)

The “Last Opportunity Rule” is associated with:

Options:

1. (a)Remoteness of damage
2. (b)Volenti non fit injuria
3. (c)Contributory negligence✓
4. (d)Negligence

Question: (December 2011)

“Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do.” Who said this?

1. (a)Salmond
2. (b)Winfield
3. (c)Clerk and Lindsell
4. (d)Alderson✓

Andhra Pradesh State Road Transport Corporation v. K. Hemlatha and Municipal Corporation of Greater Bombay v. Laxman Iyer are important cases decided by the Supreme Court on the rule of:

1. (a)Act of God
2. (b)Contributory Negligence✓
3. (c)Nuisance
4. (d)Trespass

Question: (DECEMBER 2009)

Res ipsa loquitur is:

Options:

1. (a)Weapon of defence✓
2. (b)Weapon of offence
3. (c)A defence of some factor which was beyond the control of the person who caused injury
4. (d)A dangerous weapon

Question: (DECEMBER 2009)

For an action of nuisance, defendant can put up the following defences:

The place is suitable for the purpose

It is for the benefit of the residents of the locality

It is done under statutory authority

Plaintiff has consented to the act

Options:

1. (a)I, II and III are correct
2. (b)II, III and IV are correct
3. (c)I, III and IV are correct✓
4. (d)III and IV are correct

Question:

Which of the following is an essential constituent of negligence?

Defendant was under a legal duty to exercise due care

This duty was owed to the plaintiff

Defendant committed breach of such duty

The breach of duty was the direct and proximate cause of the damage alleged

Options:

1. (a)1, 2, 3
2. (b)1, 2, 3, 4✓
3. (c)2, 3, 4
4. (d)1, 2, 4

Question:

Which one of the following is not a good defence in suits for damages or negligence?

Options:

1. (a)Contributory negligence
2. (b)Express contract with plaintiff
3. (c)Express contract where statute prohibits✓
4. (d)Voluntary assumption of risk

Assertion (A): If a person speaks ill of the business which X is doing, it amounts to defamation.

Reason (R): Slander is actionable per se.

Codes:

1. (a)(A) and (R) are true and (R) is the correct explanation of (A)
2. (b)(A) and (R) are true but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false✓
4. (d)(A) is false, but (R) is true

In Res Ipsa Loquitur:

Presumption of negligence is there

Plaintiff has to bring direct evidence

Plaintiff is discharged from the duty of proving negligence on the part of the defendant

Court does not give chance to defendant to avoid liability

Codes:

1. (a)1 and 2 are correct
2. (b)1, 2 and 4 are correct
3. (c)1, 2 and 3 are correct
4. (d)1 and 3 are correct✓

Which one of the following statements is true?

1. (a)Both public as well as private nuisance are punishable under criminal law
2. (b)Only private nuisance is punishable under criminal law
3. (c)Public nuisance is punishable under criminal law while private nuisance is a moral wrong only
4. (d)Public nuisance is punishable under criminal law, while private nuisance is under civil law✓

For constituting tort of nuisance, there should be:

1. (a)Unreasonable interference
2. (b)Interference with use or enjoyment of land
3. (c)Damage
4. (d)All of the above✓

Which of the following statement is true?

1. (a)Under English Law, Libel is actionable per se
2. (b)Under Indian Law, 'Libel' as well as 'Slander' are actionable per se
3. (c)Under English Law, only 'Libel' is a crime✓
4. (d)Under Indian Law, both 'Libel' and 'Slander' are crime

Which one of the following sets correctly identifies the specific defence available in an action for defamation?

1. (a)Privilege, Truth, Fair comment✓
2. (b)Privilege, Mistake, Fair comment
3. (c)Truth, Mistake, Fair comment
4. (d)Truth, Privilege, Mistake

Assertion (A): Pleading lack of intention to defame someone does not absolve one from liability for defamation.

Reason (R): The essence of defamation lies in the lowering of a person in the estimation of right-thinking members of the society, even without intention.

Code:

1. (a)(A) and (R) are true and (R) is correct explanation of (A)
2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true✓

Assertion (A): In tort of nuisance, interference by the defendant may cause damage to the plaintiff’s property or personal discomfort in the enjoyment of property.

Reason (R): Every interference in the use of property is a nuisance.

Code:

1. (a)(A) and (R) are true and (R) is correct explanation of (A)
2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
3. (c)(A) is true, but (R) is false✓
4. (d)(A) is false, but (R) is true

There is a school by the side of the road. Three children of nursery class stray away from the school onto the road. A truck driver, who was driving the truck at a normal speed, notices the children. While trying to save the children, the truck hits a shop and an injury is caused to one person. Which of the following assertions correctly represents the law?

1. (a)The school management is liable as they were negligent in not keeping the children within the school premises✓
2. (b)The truck driver is liable as he did not take proper care
3. (c)The children are liable as they contributed to the accident
4. (d)None is liable as it is a pure accident

In an action for the tort of negligence, what is not required to be proved by the plaintiff is that:

1. (a)there is damage
2. (b)duty-situation arises
3. (c)breach of duty owed to someone✓
4. (d)breach of duty owed to the plaintiff

For an action of nuisance defendant can put up the following defences:

The place is suitable for the purpose

It is for the benefit of the residents of colony

It is done under statutory authority

Plaintiff has consented to the act

Select the right code:

1. (a)1, 2 and 3 are correct
2. (b)2, 3 and 4 are correct
3. (c)1, 3 and 4 are correct
4. (d)3 and 4 are correct✓

Which one of the following is not a libel?

1. (a)A defamatory statement in print
2. (b)A cinematographic film
3. (c)Pictures
4. (d)Sounds or gestures✓

In contributory negligence:

1. (a)Both parties have contributed to the negligence equally
2. (b)Only one party is negligent and the other has not taken due care✓
3. (c)One party is negligent resulting in injury while the other has taken due care
4. (d)When lack of care is equal on both sides

Assertion (A): A wooden chair while being used by a guest caused injury to him due to defective manufacture. The guest is entitled to claim damages from the maker.

Reason (R): Manufacturer owes a duty of care to the ultimate user.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

In which of the following situations is slander actionable per se in India?

1. (a)An imputation that a certain female player is of unchaste character✓
2. (b)An imputation that a certain person is a habitual smuggler
3. (c)An imputation that a certain person is liar
4. (d)An imputation that the wrestler is womanizer

State in which of the following cases, it amounts to nuisance?

1. (a)Planting of trees on another's land
2. (b)When branches of trees project on the land of their neighbour
3. (c)Construction of a pond on the land of another
4. (d)All of the above✓

State in which of the following cases, it amounts to nuisance?

1. (a)Planting of trees on another's land
2. (b)When branches of trees project on the land of their neighbour
3. (c)Construction of a pond on the land of another
4. (d)All of the above✓

A rickshaw was being pulled by the rickshaw puller with three passengers on board, which was against law. A bus being driven rashly and negligently collided with the rickshaw, causing injury to the passengers. Here:

1. (a)Passengers cannot claim compensation as they were not acting according to law.
2. (b)Passengers cannot claim compensation as there was contributory negligence on their part.
3. (c)Passengers can claim full compensation from bus operator as their negligence did not contribute to the injury.✓
4. (d)Passengers are entitled for compensation, which shall be proportionally reduced considering their illegal act.

A private libel is not considered as strict liability because:

1. (a)There is no common injury or danger inferred from the facts.✓
2. (b)It was the result of bona fide belief.
3. (c)It is not a statutory offence.
4. (d)The principles of Rylands v. Fletcher are not applicable.

Which of the following is not necessary in the tort of defamation?

1. (a)The statement is defamatory
2. (b)There is intention to refer to the plaintiff✓
3. (c)Right-thinking members of society infer that the statement refers to the plaintiff
4. (d)The statement is made known to other members of society

The critic is not liable because it was a fair and bona fide comment in public interest.

It was an expression of opinion and not assertion of facts.

It was a fair criticism of a film meant for public entertainment.

Codes:

1. (a)1 and 4 are correct
2. (b)1 and 2 are correct
3. (c)2, 3 and 4 are correct✓
4. (d)1 and 3 are correct

The ‘standard of care’ generally used in case of negligence is:

1. (a)The care taken by an intelligent and prudent man
2. (b)The skill and care taken by a qualified and competent person
3. (c)The foresight of an adult person
4. (d)The care and skill of a prudent and careful man belonging to defendant’s calling or business✓

Which of the following is a good defence for the tort of private nuisance?

1. (a)Plaintiff has come to the place of nuisance
2. (b)Reasonable care was taken to prevent nuisance
3. (c)The activity is for the public benefit
4. (d)The activity is continuing for the past 20 years✓

If a journalist publishes an article in a leading newspaper that “all lawyers are thieves,” no particular lawyer could sue him unless there is something to point to a particular individual. This refers to:

1. (a)Defamation of a company
2. (b)Innuendo
3. (c)Defamation of public figures
4. (d)Defamation of class of persons✓

Which of the following is an effective defence in the tort of nuisance?

Public good

Prescription

Statutory authority

Reasonable care

Codes:

1. (a)1 and 3 are correct
2. (b)2 and 4 are correct
3. (c)2 and 3 are correct✓
4. (d)1 and 4 are correct

Assertion (A): Negligence as a tort is the breach of legal duty to take care which results in damage.

Reason (R): For the tort of negligence, law takes cognizance of carelessness only if it is supported by the legal duty to care.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
2. (b)Both (A) and (R) are true but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

In the tort of slander, it is essential that special damage must result from the words of the defendant. In which of the following cases may slander be actionable without proof of special damage?

Words imputing a criminal offence

Words imputing that the plaintiff has an infectious disease

Words prejudicing the plaintiff in his profession or office

Words imputing unchastity to a woman

Codes:

1. (a)1 and 2 are correct
2. (b)1, 2 and 3 are correct
3. (c)1, 2 and 4 are correct
4. (d)1, 2, 3 and 4 are correct✓

In contributory negligence:

1. (a)Only one party is negligent and the other has taken due care✓
2. (b)Both parties have contributed negligence equally
3. (c)Lack of care is equal on both sides
4. (d)One party is negligent resulting in injury while the other has taken due care

Defence of absolute privilege in a case of defamation is available in which of the following cases?

Parliamentary Proceedings

Publication of matters of Public interest

State Communications

Judicial Proceedings

Codes:

1. (a)1, 2 and 3
2. (b)2, 3 and 4
3. (c)1, 3 and 4
4. (d)4, 2 and 1✓

Negligence is failure in duty of taking due care. The expression ‘duty’ means:

1. (a)A legal duty
2. (b)A legal as well as moral duty
3. (c)A legal as well as social duty
4. (d)A specific legal duty✓

In which of the following cases is the occupier of a house liable for negligence?

1. (a)Keeping a dog which may bite trespassers
2. (b)Fixing broken glass pieces on top of a wall to prevent trespassers
3. (c)Setting spring guns in the premises to prevent trespassers✓
4. (d)Constructing a compound wall to prevent trespassers

Match the items of List-I with List-II and choose the correct answer:

List-I (Case law) | List-II (Principle)

A. Tolley v. J.S. Fry & Sons Ltd. | 2. Innuendo

B. Williams v. Frier | 1. Publication of statement

C. Alexander v. North Eastern Railway | 4. Defence of truth

D. Merivale v. Carson | 3. Fair comment

Codes:

1. (a)2 1 4 3✓
2. (b)1 2 3 4
3. (c)4 1 2 3
4. (d)3 2 1 4

Assertion (A): Making a statement of fact on matters of public interest is a defence to an action for defamation.

Reason (R): If a defendant in a newspaper publishes a statement of facts making serious allegations of dishonesty against the plaintiff, and cannot prove the truth, the plea of fair comment shall fail.

Codes:

1. (a)Both (A) and (R) are correct and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are correct but (R) is not the correct explanation of (A)
3. (c)(A) is correct, but (R) is wrong
4. (d)(A) is wrong and (R) is correct✓

The prescriptive right of easement of access and use of light and air can be acquired if it has been:

Enjoyed with interruption

As a matter of concession

Enjoyed without interruption as of right

For twenty years

Codes:

1. (a)1 and 2 are incorrect, 3 and 4 are correct✓
2. (b)1 and 4 are incorrect, 2 and 3 are correct
3. (c)1 and 3 are correct, 2 and 4 are incorrect
4. (d)2 and 1 are correct, 4 and 3 are incorrect

Which of the following is not true about the slander form of defamation?

1. (a)Statement is made in some transient form
2. (b)It is addressed to the ear
3. (c)Slander is always a criminal offence✓
4. (d)It is not actionable in absence of proof of actual damage

Arrange the following cases in chronological order:

Municipal Corporation of Delhi v. Sushila Devi

Shyam Sunder v. State of Rajasthan

Pushpabai v. Ranjit Ginning & Pressing Co.

Syad Akbar v. State of Karnataka

Codes:

1. (a)4, 1, 2 and 3
2. (b)2, 3, 4 and 1✓
3. (c)2, 1, 3 and 4
4. (d)1, 2, 3 and 4

Two passenger buses crossed and brushed each other in such a way that the left hands of two passengers in one of the buses were cut off below the shoulder joint. Drivers of both buses were held liable towards the victims, on the basis of:

1. (a)Contributory negligence
2. (b)Composite negligence✓
3. (c)Nervous shock
4. (d)Solitary negligence

Which of the following is an example of public nuisance?

1. (a)Constructing a structure on the highway✓
2. (b)Obstruction to light and air by a neighbour in a private locality
3. (c)Extension of a tree branch to another’s property
4. (d)Playing loud music in a residential complex

Match List-I with List-II and choose the correct answer:

List-I (Doctrine) | List-II (Case)

A. Last opportunity | 2. Davies v. Mann

B. Apportionment of damages | 4. Vidya Devi v. M.P. Road Transport Corporation

C. Alternative danger | 3. Shyam Sunder v. State of Rajasthan

D. Identification | 1. Bernina Mills v. Armstrong

Codes:

1. (a)A-2, B-4, C-3, D-1✓
2. (b)A-1, B-3, C-2, D-4
3. (c)A-3, B-2, C-1, D-4
4. (d)A-4, B-1, C-2, D-3

Which of the following is a leading case on trespass ab initio?

1. (a)Goldsmith v. Sperring Ltd
2. (b)Dumbell v. Roberts
3. (c)Bird v. Jones
4. (d)Six carpenters case✓

Holback Hotel Ltd. v. Scarborough Borogh Council is a leading case on

1. (a)negligence
2. (b)nuisance✓
3. (c)trespass
4. (d)defamation

When two motorists coming from opposite directions in their cars collide with each other and in the process, they injure seriously a person who was standing on the roadside, the two motorists are

Dee jns

1. (a)Independent tortfeasors✓
2. (b)Participate in contributory negligence
3. (c)Two negligent persons
4. (d)Joint tortfeasors

Which of the following cases is not related to the 'Tort of Negligence'?

1. (a)Donoghue V/s Stevenson
2. (b)Municipal corporation of Delhi V/Subhagvanti
3. (c)Ramesh Kumar Nayak V/s Union of India
4. (d)Gloucester Grammar School Case✓

Which of the following is not necessary for constituting the 'trespass' under the Law of torts?

1. (a)By entering into the land
2. (b)By remaining there
3. (c)By unlawful intention✓
4. (d)By doing an act affecting the sole possession

Which of the following statements are correct?

A. Negligence is the breach of a legal duty towards the other caused by omission

B. Actionable negligence consists in the neglect of the use of ordinary care towards a person to whom, he owes the duty

C. Negligence is breach of legal duty to take care which results in damage

D. There is no difference between civil and criminal negligence

E. The offence of death by negligence under IPC was amended in 2013

Choose the correct answer from the options given below

1. (a)A, B and E only
2. (b)B and D only
3. (c)A, B and C only✓
4. (d)C and D only

What amongst the following are necessary to constitute a false imprisonment

(A) Total restrain on liberty of a person

(B) Detention may be actual or constructive

(C) It should be for a period of 2 years at least

(D) Detection or restrain should be unlawful

Choose the correct answer from the options given below

1. (a)(A), (B), (C) Only
2. (b)(B), (C), (D) Only
3. (c)(A), (B), (D) Only✓
4. (d)(A), (C), (D) Only

What amongst the following are necessary characteristics for 'Libel

(A) It is defamation of permanent form

(B) The burden of proof that the words are false lie upon the plaintiff

(C) No actual damage need to be proved to sustain an action

(D) Falsity of charge is presumed in favour of plaintiff

Choose the correct answer from the options given below

1. (a)(A), (B), (C) Only
2. (b)(B), (C), (D) Only
3. (c)(A), (B), (D) Only
4. (d)(A), (C), (D) Only✓

Which of the following is not an absolute privilege under the law of torts?

1. (a)A petition to Parliament
2. (b)Words written or spoken before a Tribunal
3. (c)Communication made in self-protection✓
4. (d)Communication relating to State matters made by one minister to another

"You must take reasonable care to avoid acts or omission which you can reasonably foresee would be likely to injure your neighbor" The above statement is attributed to which one of the following?

1. (a)Lord Derby in Campbell v. Paddington
2. (b)Blackburn J. in Rylands v. Fletcher
3. (c)Lord Macmillan in Heaven v. Pender
4. (d)Lord Atkin in Donoghue v. Stevenson✓

With regard to defamation which of the following is not correct?

1. (a)Under English Criminal Law, only libel has been recognized as offence
2. (b)Under English law of torts, slander is actionable per se✓
3. (c)In India, Criminal law does not make any distinction between libel and slander
4. (d)Libel is addressed to the eye, slander to the ear

A person is responsible in law of tort for

1. (a)all the consequences of his act
2. (b)all the consequences which are not remote
3. (c)all the consequences which directly flow from his act
4. (d)all the consequences which are reasonably foreseeable✓

Which of the following correctly represent the position under the law of torts?

A person is responsible for:

All the consequences of his wrongful act

Consequences which directly flow from his wrongful act

Consequences which are not too remote

All the consequences which are reasonably foreseeable

Codes:

1. (a)1 and 2 are correct
2. (b)1, 2 and 3 are correct
3. (c)2 and 3 are correct
4. (d)2, 3 and 4 are correct✓

Question: (JUNE 2010)

Injustice would manifest itself if a person is held responsible for all consequences of his act. Therefore he is responsible only for consequences not too:

Options:

1. (a)Remote✓
2. (b)Near
3. (c)In and around
4. (d)Far sighted

Question: (JUNE 2010)

Assertion (A): The consequences of a wrongful act may be endless or there may be consequences of consequences.

Reason (R): The “test of reasonable foresight” is followed usually in such cases which are based on the Wagon Mound case.

Options:

1. (a)(A) is correct, but (R) is wrong
2. (b)(R) is correct, but (A) is wrong
3. (c)Both (A) and (R) are correct✓
4. (d)Both (A) and (R) are wrong

Question:

In remoteness of damages, the main tests to determine whether damage is remote or not are:

Options:

Test of reasonable foresight

Test of remoteness

Test of directness

Test of foresightedness

1. (a)II, III
2. (b)II, IV
3. (c)III, IV
4. (d)I, III✓

The rule laid down in Re Polemis case is that the defendant shall be liable for—

1. (a)Direct consequences of his act
2. (b)Direct consequences of his act, if he could foresee some damage to the plaintiff from his act✓
3. (c)Direct consequences of his act, only if he could foresee the kind of damage which has actually occurred
4. (d)Foreseeable damage

The rule currently followed in India to determine remoteness of damages was laid down in:

1. (a)Re Polemis case
2. (b)Overseas Tankship (U.K.) Ltd. v. Morts Dock Engg. Co. Ltd.✓
3. (c)Liesbosch Dredger v. S.S. Edison
4. (d)Smith v. Landon and South Western Rly. Co.

Match List-I with List-II and indicate the correct answer using the codes given below:

Codes:

1. (a)1 2 3 4
2. (b)2 3 1 4✓
3. (c)1 4 3 2
4. (d)2 1 4 3

Match the items of List-I with List-II and choose the correct answer:

List-I (Case law) | List-II (Principle)

A. Re Polemis and Furniers, Wilhy & Co. Ltd. | 2. Remoteness of damages

B. Saheli v. Commissioner of Police, Delhi | 1. Vicarious liability of the state

C. Municipal Corporation of Delhi v. Subhagwanti | 3. Duty of care to plaintiff

D. South Wales Miners Federation v. Glamorgan Coal Company | 4. Malice in fact

Codes:

1. (a)2 1 3 4✓
2. (b)1 2 4 3
3. (c)1 2 3 4
4. (d)2 3 1 4

What does remoteness of damage mean in relation to the liability of the defendant?

1. (a)The defendant is not liable for all direct consequences of tortious acts if he could foresee them
2. (b)Foreseeability is no test of remoteness of damages
3. (c)Liable in law only for consequences which are not remote✓
4. (d)Directness of the consequences is the only test for remoteness of damages

‘A’ threw a lighted squib into a crowd. It fell on ‘X’. In order to save himself, ‘X’ threw it further, it fell on ‘Y’, and ‘Y’ also threw it away. Finally, it fell on ‘B’, injuring his eye. Who is liable to ‘B’ — A, X, or Y?

1. (a)No one is liable on principle of remoteness of damage
2. (b)‘A’ is liable because his act was the most proximate cause✓
3. (c)‘X’ is liable because he threw the squib without danger to himself
4. (d)‘Y’ is liable because he caused the injury

The test of reasonable foresight in determining remoteness of damages was first applied in

1. (a)Re: Polerris
2. (b)Wagon Mound Case✓
3. (c)Doughty v. Turner Manufacturing Co. Ltd
4. (d)S.C.M. (United Kingdom) Ltd.v..W.J. Whittal & Sons

Question: (DECEMBER 2009)

The rule of Absolute Liability was first laid down by:

Options:

1. (a)Lord Atkin in 1635
2. (b)Justice Blackburn in 1868
3. (c)Winfield in 1765
4. (d)Chief Justice Holt in 1868

Question: (DECEMBER 2010)

Assertion (A): If a dangerous thing is brought on one’s land, its use is non-natural and if it escapes, the person can plead lack of mens rea as a defence.

Reason (R): The rule of strict liability cannot be applied to every such situation.

Options:

1. (a)(A) is correct, but (R) is wrong
2. (b)(R) is correct, but (A) is wrong✓
3. (c)Both (A) and (R) are correct
4. (d)Both (A) and (R) are wrong

Question: (JUNE 2011)

A, a competent contractor, constructed a reservoir of water for the mill of B. During construction, A came across some old shafts and tunnels but did not block them. When the reservoir was filled, water escaped through the shafts and flooded B’s neighbour’s coal mines. Is B liable?

Options:

1. (a)Inevitable accident
2. (b)If any negligence has been committed, it is by A and not B
3. (c)B has no defence. He is responsible for the escape of water✓
4. (d)Third party’s negligence

Question:

Match List-I with List-II and select the correct answer using the codes given below:

List-I | List-II

A. Rayland v. Fletcher | 1. Compensation for pain and suffering

B. Donoghue v. Stevenson | 2. Loss caused by Competition in business

C. Gloucester Grammar School case | 3. Strict liability

D. Rose v. Ford | 4. Liability of minor for torts

| 5. Liability for negligence

Codes:

A B C D

1. (a)1 2 3 4
2. (b)2 3 4 5
3. (c)3 5 2 1✓
4. (d)3 4 2 1

Question: June 2012 paper 3

The Rule of Absolute Liability is subject to:

1. (a)All the exceptions mentioned in the rule of Rylands v. Fletcher
2. (b)Half of the exceptions mentioned in the rule of Rylands v. Fletcher
3. (c)None of the exceptions mentioned in the rule of Rylands v. Fletcher✓
4. (d)All the exceptions mentioned in the rule of M.C. Mehta v. Union of India

Rule of Absolute Liability was propounded by:

1. (a)Justice Bhagwati✓
2. (b)Justice Sodhi
3. (c)Justice Ahmadi
4. (d)Justice Kuldeep Singh

Which one of the defences to strict liability is based on the maxim Volenti non fit injuria?

1. (a)Consent of the plaintiff✓
2. (b)Act of God
3. (c)Act of Third Party
4. (d)Statutory Authority

The rule of 'absolute liability' was laid down by the Supreme Court of India in the following case:

1. (a)Rylands v. Fletcher
2. (b)M.C. Mehta (Sriram Food and Fertilizer Co.) v. Union of India✓
3. (c)M.C. Mehta (CNG Fuel case) v. Union of India
4. (d)None of the above

Assertion (A): In India, defendants collecting water in reservoirs have not been held liable for damage caused due to the escape of water from these reservoirs in absence of negligence.

Reason (R): The rule of strict liability laid down in Rylands v. Fletcher case has been held to be not applicable in India.

Code:

1. (a)(A) and (R) are true and (R) is correct explanation of (A)✓
2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

the enterprise owes an absolute and non-delegable duty to the community to ensure that no harm results from the activity

it is considered as a part of the social cost for carrying on the hazardous or inherently dangerous activity

it is difficult to prove lack of care on the part of the enterprise

Select the correct code:

1. (a)1 and 2 are correct
2. (b)1 and 4 are correct
3. (c)1 and 3 are correct
4. (d)2 and 3 are correct✓

Match List-I with List-II. Use the codes below to select the correct answer:

Codes:

A B C D

1. (a)2 3 4 1
2. (b)1 2 4 3
3. (c)3 4 2 1✓
4. (d)3 2 4 1

In which of the following cases, the rule of absolute liability laid down by the Supreme Court of India was followed?

1. (a)Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
2. (b)Klaus Mittelbachert v. East Indian Hotels Ltd. AIR 1997 Del 201
3. (c)Both (a) and (b)✓
4. (d)None of the above

In which of the following cases, the rule of absolute liability laid down by the Supreme Court of India was followed?

1. (a)Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
2. (b)Klaus Mittelbachert v. East Indian Hotels Ltd. AIR 1997 Del 201
3. (c)Both (a) and (b)✓
4. (d)None of the above

Consider the following and select the correct code:

Absolute liability implies liability without fault.

In case of absolute liability, defendant is liable if his act is the direct and proximate cause of plaintiff’s injury.

Absolute liability is the liability of the defendant without any defense.

In absolute liability, defendant can escape if he proves that the damage was caused by a stranger.

Codes:

1. (a)1, 2 and 4 are correct
2. (b)2 and 3 are correct
3. (c)1, 2 and 3 are correct✓
4. (d)1 and 4 are correct

Which of the following is not an exception to the strict liability principle laid down in Rylands v. Fletcher?

1. (a)Independent contractor✓
2. (b)Statutory authority
3. (c)Act of God
4. (d)Consent of the plaintiff

Match List-I with List-II and select the correct answer:

List-I (Principle) | List-II (Case)

A. Absolute Liability → 4. Rylands v. Fletcher

B. Damnum sine injuria → 2. Ashby v. White

C. Injuria sine damnum → 1. Gloucester Grammar School case

D. Inevitable accident → 3. Stanley v. Powell

Codes:

1. (a)1 2 3 4
2. (b)2 3 4 1
3. (c)4 2 1 3✓
4. (d)3 1 2 4

What action can be taken in view of exceptions to the theory of strict liability?

1. (a)No action lies because of plaintiff’s own fault
2. (b)Action lies because it is not an act of God
3. (c)No action lies because of the consent of the plaintiff✓
4. (d)Action lies because it is not an act of stranger

In which of the following cases did the Supreme Court of India apply the principle of absolute liability?

M.C. Mehta v. Union of India

Charan Lal Sahu v. Union of India

Indian Council for Enviro-Legal Action v. Union of India

M.C. Mehta v. State of M.P.

Codes:

1. (a)1, 2, 3 and 4
2. (b)Only 2, 3 and 4
3. (c)Only 3 and 4
4. (d)Only 1, 2 and 3✓

Match List-I with List-II and select the correct answer:

List-I (Case name) | List-II (Decision/Principle)

A. Indian Council for Enviro-Legal Action v. Union of India (1996) | 2. Absolute liability for hazardous activities

B. Rylands v. Fletcher (1868) | 3. Liability for keeping dangerous things on land

C. Lakshmi Rajan v. Malar Hospital Ltd. (1997) | 1. Patient’s consent for operation does not mean consent for removal of uterus

D. Union of India v. United Insurance Co. Ltd. (1997) | 4. Contributory negligence of driver cannot be imputed to passengers

Codes:

1. (a)A-2, B-3, C-1, D-4✓
2. (b)A-1, B-3, C-2, D-4
3. (c)A-4, B-1, C-2, D-3
4. (d)A-1, B-2, C-3, D-4

Assertion (A): The rule of strict and absolute liability is based on the principle of no-fault liability.

Reason (R): Defendant can be held liable even if he is not negligent, has taken due care, and the harm caused is unintentional.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

Which of the following is an exception to the rule of strict liability?

1. (a)Defendant’s own fault
2. (b)Statutory authority✓
3. (c)Consent of third party
4. (d)Act of defendant

'We have to evolve new principles and lay down new norms which will adequately deal with new problems which arise in a highly industralised society' was laid down in

1. (a)Common Cause. Union of India
2. (b)M.C. Mehta v. Union of India✓
3. (c)Invercargill City Council v. Hamlin
4. (d)Union of India v. Sat Pal Dharam Vir

Match List I with List II

I -II

List-I/I List-II

A. Negligence/(I) Ryland V Fletcher

B. Strict Liability/(II) M.C. Mehta V Union of India

C. Absolute Liability/(III) Glasgow corporation Vs Muir

D. Nervous shock/(IV) Bourhill V Young

Choose the correct answer from the options given below

1. (a)(A)-(II), (B)-(I), (C)-(III), (D)-(IV)
2. (b)(A)-(I), (B)-(III), (C)-(IV), (D)-(II)
3. (c)(A)-(III), (B)-(I), (C)-(II), (D)-(IV)✓
4. (d)(A)-(III), (B)-(II), (C)-(I), (D)-(IV)

The following is/are the exceptions to the principle of strict liability

1. (a)Act of God
2. (b)Consent of the plaintiff✓
3. (c)Intention of the defendant
4. (d)Act of third party
5. (d)Minority

Choose the correct answer from the options given below

1. (a)A and B only
2. (b)A, B and D only✓
3. (c)A, C and D only
4. (d)B and E only

Match List I with List II

I II

List I/I List II

A. Rule of strict I. Slander liability

B. Publication of a II. Rylands v defamatory Fletcher/statement

C. Defamatory III. Act of God Representation Made in some Permanent form

D. Vis Major IV. Libel

Choose the correct answer from the options given below

1. (a)A-IV, B-I, C-II, D-III
2. (b)A-I, B-II, C-III, D-IV
3. (c)A-II, B-I, C-IV, D-III✓
4. (d)A-II, B-IV, C-I, D-III

As per the Supreme Court of India in the Oleum Gas leak case, the nature of duty owed by an enterprise engaged in hazardous industry posing a potential threat to health and safety of persons residing in the surrounding area is

(A) Inherent duty

(B) Imperative and non-derogable duty

(C) Absolute and delegable duty

(D) Resolute duty

(E) Absolute and non-delegable duty

Choose the correct answer from the options given below

1. (a)(A) and (B) Only
2. (b)(B) and (C) Only
3. (c)(E) Only✓
4. (d)(C) and (D) Only

Which of the following statements are correct in the context of rule laid down in the case of Rylands v/s Fletcher?

(A) Some dangerous thing must have been brought by a person on his land

(B) The thing brought or kept by a person on his land must not escape

(C) It must not be non-natural use of land

(D) The thing brought or kept by a person on his land must escape

(E) It must be non-natural use of land

Choose the correct answer from the options given below

1. (a)(E), (A), (B) Only
2. (b)(B), (C), (A) Only
3. (c)(D), (B), (C) Only
4. (d)(A), (D), (E) Only✓

Which of the following cases does not relate to the concept of absolute liability under Indian law?

1. (a)Indian Council for Enviro-legal Action v. Union of India
2. (b)Klaus Mittelbachert v. East India Hotels of India✓
3. (c)Madras Railway Co. v. Zemindar of Carvatenagram
4. (d)M.C. Mehta v. Union of India

Arrange the following landmark decision in their ascending order relating to development of law of torts under concept of nervous shock

A. R v. Phillips

B. Dulieu v. White

C. Hambrook v. Stokes Brothers

D. Bourhill v. Young

Choose the correct answer from the options given below

1. (a)B, C, D, A✓
2. (b)B, D, C, A
3. (c)A, C, D, B
4. (d)D, B, C, A

Arrange the following cases in chronological order:

State of Rajasthan v. Vidyawati

State of Gujarat v. Memon Mohamed

Rudal Shah v. State of Bihar

Secretary of State for India v. Hari Bhanji

Codes:

1. (a)(1), (2), (3) and (4)
2. (b)(1), (2), (4) and (3)
3. (c)(4), (3), (1) and (2)
4. (d)(4), (2), (3) and (1)✓

In which of the following cases did the Supreme Court of India give the ruling that sovereign immunity of the State is subject to the Fundamental Rights?

1. (a)Kasturilal Ralia Ram Jain v. State of U.P.
2. (b)State of Rajasthan v. Vidyawati
3. (c)People's Union for Democratic Rights v. State of Bihar✓
4. (d)Shyam Sundar v. State of Rajasthan

Which of the following is NOT a sovereign function of the State?

1. (a)Construction of a military road
2. (b)Injury to the plaintiff during lathi-charge by police to disperse an unlawful crowd
3. (c)A government jeep being taken from the workshop to the collector’s bungalow for his use✓
4. (d)Distribution of meals to army personnel

In which case was it held by the Supreme Court that the state was not liable on the ground that police were acting in discharge of statutory power, and the power of the police in keeping property in the police Malkhana was a sovereign power?

1. (a)Ramawati Kaur v. State of Bihar
2. (b)Radha Aggarwal v. State of U.P.
3. (c)Kasturi Lal v. State of U.P.✓
4. (d)State of Bihar v. Rameshwar Prasad

This was held by the Supreme Court in:

1. (a)Mohammad Murad v. Govt. of U.P.
2. (b)Kasturi Lal Ralia Ram Jain v. State of U.P.✓
3. (c)State of U.P. v. Hindustan Lever Ltd.
4. (d)State of U.P. v. Tulsiram

Assertion (A): In vicarious liability, a master is held liable for negligence of his servant in the course of employment.

Reason (R): A Municipal Corporation cannot be held liable for the negligence of its servant while driving a vehicle belonging to the Corporation in course of its business.

Codes:

1. (a)Both (A) and (R) are correct and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are correct but (R) is not the correct explanation of (A)
3. (c)(A) is correct, but (R) is wrong✓
4. (d)(A) is wrong, but (R) is correct

Assertion (A): Acts of state are directed against another sovereign state or its sovereign personally or its subjects.

Reason (R): Acts of executive Government in the name of President in normal course of administration are acts of state and are not open to judicial scrutiny.

Codes:

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false✓
4. (d)(A) is false, but (R) is true

Match List-I with List-II and select the correct answer by using the codes given below:

Codes:

1. (a)1 2 4 3
2. (b)2 1 4 3✓
3. (c)2 1 3 4
4. (d)3 4 2 1

Assertion (A): Services rendered to a patient by a medical practitioner, by way of consultation, diagnosis and treatment, fall within the ambit of 'services' as defined in Section 2(1)(o) of the Consumer Protection Act.

Reason (R): Like other professions, a medical practitioner should also conduct himself by using reasonable skill and care.

Codes:

1. (a)(A) is true and (R) is false
2. (b)(R) is true and (A) is false
3. (c)(A) and (R) both are true, but (R) is not the correct explanation of (A)
4. (d)(A) and (R) both are true and (R) is the correct explanation of (A)✓

Match List-I with List-II and indicate the correct answer using the codes given below:

Code:

A B C D

1. (a)1 2 3 4
2. (b)1 4 2 3✓
3. (c)2 4 1 3
4. (d)4 3 2 1

Match List-I with List-II and indicate the correct answer using the codes given below:

Codes:

1. (a)1 2 3 4
2. (b)4 2 1 3
3. (c)1 4 3 2✓
4. (d)3 2 1 4

Who is a Consumer under the Consumer Protection Act, 1986?

1. (a)A person who gives his pants for stitching to a tailor✓
2. (b)A person who purchases goods for resale in his shop
3. (c)A person who purchases a car for being used as a taxi in his taxi service
4. (d)A person who avails of medical services free of cost

Assertion (A): A wooden chair while being used by a guest caused injury to him due to defective manufacture. The guest is entitled to claim damages from the manufacturer.

Reason (R): The manufacturer owes a duty to take care only towards the lawful buyer under the Consumer Protection Act.

Codes:

1. (a)Both (A) and (R) are true, and (R) is the correct explanation of (A)
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false✓
4. (d)(A) is false, but (R) is true

Which of the following is a right of the consumer under the Consumer Protection Act, 1986?

Right to consumer education

Right to seek redressal

Access to variety of goods and services at competitive prices

Right to take goods and services free of cost

Codes:

1. (a)1 and 3 are correct
2. (b)1, 2 and 3 are correct✓
3. (c)1 and 2 are correct
4. (d)1, 2, 3 and 4 are correct

What is the pecuniary jurisdiction of the State Commission under the Consumer Protection Act, 1986?

1. (a)Exceeds ₹50 lakhs but does not exceed ₹1 crore
2. (b)Exceeds ₹20 lakhs but does not exceed ₹1 crore✓
3. (c)Exceeds ₹10 lakhs but does not exceed ₹1 crore
4. (d)Exceeds ₹1 crore

This decision was held in which case?

1. (a)K. Vishnu v. National Consumer Dispute Redressal Commission and others✓
2. (b)Joshi v. Motor Industries Co.
3. (c)Charan Singh v. Healing Touch Hospital
4. (d)Arvind Mills Ltd. v. Associated Roadways

Assertion (A): Consumer Protection Act is made to simplify the procedure and avoid complexity so that an ordinary citizen can file a complaint without difficulty.

Reason (R): It intends to protect a large body of consumers from exploitation.

Codes:

1. (a)(A) and (R) are right and (R) is the correct reason for (A)✓
2. (b)Both (A) and (R) are wrong
3. (c)(A) is right and (R) is wrong
4. (d)(R) is right and (A) is wrong

What is the period of limitation under Section 24A of the Consumer Protection Act, 1986 (as amended w.e.f. 18.6.1993) for filing a complaint from the date of the cause of action?

1. (a)No limitation period
2. (b)3 years
3. (c)2 years✓
4. (d)1 year

What are the rights of consumers protected and promoted by Consumer Councils under the Consumer Protection Act?

Protection against hazardous goods/services

Information about quality, quantity, price of goods/services

Access to variety of goods/services at competitive prices

Consumer education

Codes:

1. (a)Only 1 is correct
2. (b)Only 2 is correct
3. (c)Only 1, 2 and 3 are correct
4. (d)1, 2, 3 and 4 are correct✓

If a complaint is found frivolous or vexatious under the Consumer Protection Act, the complainant shall pay to opposite party the cost:

As specified by court order

Dismissal of complaint without cost

Not exceeding ten thousand rupees

One-tenth of the amount claimed

Codes:

1. (a)Only 1 and 3 are correct✓
2. (b)Only 3 and 4 are correct
3. (c)Only 2 and 4 are correct
4. (d)Only 1 and 2 are correct

In which of the following the National Commission has no jurisdiction under the Consumer Protection Act?

1. (a)Appeals against the order of State Commissions
2. (b)Original complaints where value of goods and services exceeds ₹1 crore
3. (c)Original complaints where value of goods and services is up to ₹1 crore✓
4. (d)Call for record and pass orders if State Commission failed to exercise jurisdiction legally

Which of the following is not a legitimate need which the United Nations Guidelines for Consumer Protection intends to meet?

Protection and promotion of the political interests of consumers

Consumer education

Availability of effective consumer redress

Prohibition of the formation of consumer organizations

Codes:

1. (a)(1) and (2)
2. (b)(1) and (4)✓
3. (c)(3) and (4)
4. (d)(2) and (3)

State Government may notify that State Commission may perform its function at places other than state capital. Who needs to be consulted by the State Government for such notification under Consumer Protection Act?

1. (a)Central Government
2. (b)National Commission
3. (c)State Commission✓
4. (d)State Commission and High Court

Who among the following cannot file a complaint before the District Forum under Section 12 of the Consumer Protection Act?

1. (a)One consumer and not more than one consumer✓
2. (b)Any recognized consumer association
3. (c)Central and State Government
4. (d)One or more consumers

'A Statutory Board conducting examinations is not a service provider and does not offer services to candidates while conducting an examination' was held by the Supreme Court in

1. (a)Buddhist Mission Dental College and Hospital v. Bhupesh Khurana (2009)
2. (b)Bihar School Examination Board v. Suresh Prasad Sinha (2009)✓
3. (c)Madan Kumar Singh v. District Magistrate, Sultanpur (2009)
4. (d)UT Chandigarh Administration v. Amarjeet Singh (2009)

Match the following provisions with the Section under Consumer Protection Act 1986

A. Jurisdiction of the District forum

1. Section 17B 17

B. Composition of State Commission

2. Section 20

C. Composition of National Commission

3. Section 16

D. Circuit benches of State Commission

4. Section 11

Choose the correct option from those given below

A B C D

1. (a)2 4 3 1
2. (b)1 2 3 4
3. (c)3 2 1 4
4. (d)4 3 2 1✓

Match List I with List II

I -II

List I/I List II

A. Definition of I. Section 22-B Permanent Lok Adalat 22

B. Estabilshment of II. Section 22-C Permanent Lok Adalat 22

C. Cognizance by III. Section 22-E Permanent Lok Adalat 22-F&

D. Award of IV. Section 22-A Permanent Lok Adalat 22-S

Choose the correct answer from the options given below

1. (a)A- I; B - IV; C - III; D - II
2. (b)A - II; B - III; C - I; D - IV
3. (c)A - III, B - II; C - IV; D - I
4. (d)A - IV; B - I; C – II; D - III✓

Match List I with List II

I -II

List I/I List II/II Jurisdiction Section under Consumer Protection Act, 1986 ( , 1986)

A. Jurisdiction of I. Section 11 District forum 11

B. Jurisdiction of State II. Section 21 commission 21

C. Jurisdiction of III. Section 22 A National Com- mission 22

D. Power to set aside IV. Section 17 ex parte orders 17

Choose the correct answer from the options given below

1. (a)A- I; B - IV C - II; D - III✓
2. (b)A - III; B - II; C - IV; D - I
3. (c)A - II, B - III; C - I; D - IV
4. (d)A - IV; B - I; C – III; D - II

Section 53 of Consumer Protection Act of 2019 provides for establishment of National Consumer Disputes Redressal Commission. It is to be known as

1. (a)National Commission✓
2. (b)National Council
3. (c)National Dispute Redressal Commission
4. (d)National Dispute Redressal Council

Consumer, Mediation Cell has to hold which of the following documents?

(1) List of empanelled mediators

(2) List of all cases handled by the cell

(3) Records of all proceedings

(4) Information specified by regulations

Choose the correct answer from the options given below

1. (a)(1) and (2) only
2. (b)(2) and (4) only
3. (c)(3) and (4) only
4. (d)(1),(2), (3) and (4)✓

The Consumer Protection Act 2019, talks about direct selling, e-commerce and electronic service provider

1. (a)True
2. (b)False
3. (c)Consumer Protection Act, 1986 did not provide about this
4. (d)Both 1 and 3✓

Central Consumer Protection Council is headed by a chairperson who is

1. (a)Retired judge of the Supreme Court of India
2. (b)Minister in charge of Department of Consumer Affairs in Central Government✓
3. (c)President of India or his nominee
4. (d)Head of Competition Commission of India

Which of the following are Consumer Protection Redressal Agencies under the Consumer Protection Act, 1986?

(A) Consumer Disputes Redressal Forum

(B) Consumer Disputes Redressal Commission

(C) Consumer Disputes Redressal Committee

(D) National Disputes Redressal Committee

(E) National Consumer Disputes Redressal Commission

Choose the correct answer from the options given below

1. (a)(A), (B), (C) Only
2. (b)(D), (A), (C) Only
3. (c)(A), (B), (D) Only
4. (d)(A), (B), (E) Only✓

The Consumer Protection Act, 1986 has been repealed and replaced by which of the following Act?

1. (a)The Consumer Protection Act, 2017
2. (b)The Consumer Protection Act, 2018
3. (c)The Consumer Protection Act, 2019✓
4. (d)The Consumer Protection Act, 2020

Who amongst the following are included in definition of 'Manufacturer' in the Consumer Protection Act, 2019?

A. Maker of goods or parts

B. One who assembles goods or parts

C. Who put his own mark on goods made by others

D. One who sells goods

Choose the correct answer from the options given below

1. (a)A, B, C only✓
2. (b)B, C, D only
3. (c)A, C, D only
4. (d)A, B, D only

Which one of the following judgement of the Supreme Court has held that, "health care services rendered by Medical Practitioners fall under the ambit of the Consumer Protection Act, 1986"?

1. (a)Medicos Legal Action Group v. Union of India✓
2. (b)Lucknow Development Authority v. M.K. Gupta
3. (c)Rohit Chaudhary v. Vipul Ltd
4. (d)Faqir Chand Gulati v. Uppal Agencies Pvt. Ltd

'Uninsured vehicles are also within the scope of section 165 of the Motor Vehicles Act' was held in

1. (a)LIC of India v. Raj Kumari Mittal (1985)
2. (b)Kamal Kusha v. Kripal Singh (1988)
3. (c)Permanand Thakur v. Commissioner, Coal Mines (1988)✓
4. (d)New India Assurance Co. Ltd. Nakul Gurung (2010)

Arrange the following in chronological order (section wise) as stated in the Motor Vehicle Act, 1988

1. (a)Procedure and Power of Claims Tribunal✓
2. (b)Award of Claim Tribunal
3. (c)Claim Tribunals
4. (d)Application for Compensation

Choose the correct answer from the options given below

1. (a)C, D, B, A✓
2. (b)A, B, C, D
3. (c)B, C, A, D
4. (d)C, D, A, B

Motor Vehicle Amendment Act of 2019 refer to the earlier Motor vehicle Act of 1988 as

1. (a)Earlier Act
2. (b)Old Act
3. (c)Adapted Act
4. (d)Principal Act✓

The motor Vehicle Act, 2019 has amended the following Act

1. (a)The Motor Vehicle Act, 1988 , 1988✓
2. (b)The Motor Vehicle Act, 1978 , 1978
3. (c)The Motor Vehicle Act, 1980 , 1980
4. (d)The Motor Vehicle Act, 1990 , 1990

Match the following sections under the Motor Vehicle (Amendment) Act, 2019 with their provisions

List-I (Section)

A. Section 164B

B. Section 162

C. Section 164A

D. Section 159

List-II (Provision)

1. Information to be given regarding accident

2. Motor Vehicle Accident Fund

3. Scheme for golden hour

4. Scheme for interim relief for claimants

1. (a)A-I, B-IV, C-III, D-II
2. (b)A-IV, B-I, C-II, D-III
3. (c)A-III, B-II, C-I, D-IV
4. (d)A-III, B-II, C-IV, D-I✓

Which of the following statements are correct about e-rickshaw and e-cart as per the Motor Vehicles Act, 1988?

A. It is battery powered vehicle

B. Power is not exceeding 4000 Watt

C. It has three wheals for carrying passengers only

D. Not a special purpose vehicle

Choose the correct answer from the options given below

1. (a)C, D only
2. (b)A, B only✓
3. (c)B, C only
4. (d)A, D only

Arrange the following as they appear in the Motor Vehicles Act, 1988 (ascending order)

A. Motor Vehicle Accident fund

B. Claims Tribunal

C. Recall of Motor Vehicles

D. Necessity of Permits

Choose the correct answer from the options given below

1. (a)D, C, B, A✓
2. (b)D, B, A, C
3. (c)B, C, D, A
4. (d)C, A, B, D

Revocation of driving license on grounds of "disease or disability" is mentioned under which of the following provision of the Motor Vehicle Act, 1988?

1. (a)Section 14 of the Motor Vehicle Act, 1988
2. (b)Section 15 of the Motor Vehicle Act, 1988
3. (c)Section 16 of the Motor Vehicle Act, 1988✓
4. (d)Section 17 of the Motor Vehicle Act, 1988

The remedies for the violation of Sections 3 and 4 of the Competition Act have been laid down under

1. (a)Section 26
2. (b)Section 27✓
3. (c)Section 42A
4. (d)Section 43A

Any agreement in respect of production, supply, distribution, storage, acquistion, or control of goods or provision of service which causes or is likely to cause an appreciable adverse effect on competition in India is void. These agreements include

A. Tie in arrangment

B. Exclusive supply agreement

C. Exclusive distribution agreement

D. Refusal to deal

E. Resale price maintenance

Choose the correct answer from the options given below

1. (a)A and B only
2. (b)C, D, E only
3. (c)A, B, C only
4. (d)A, B, C, D, E - All✓

Given below are two statements

Statement I : Dominant position means position of strength enjoyed by an enterprise in relevant market in India which enable it to operate independently of operative forces and affects competitors and consumers in its favour

Statement II : No enterprise shall abuse its dominant position

In the light of the above statements, choose the correct answer from the options given below

1. (a)Both Statement I and Statement II are true I II✓
2. (b)Both Statement I and Statement II are false. I II
3. (c)Statement I is true but Statement II is false I , II
4. (d)Statement I is false but Statement II is true I , II

In determining relevant geographic market, competition commission shall keep in mind which of the following factors?

(A) Regulatory trade barriers and natural procurement policies

(B) Language and local specification requirement

(C) Consumer preference and regular supply and after sale service

(D) Transport and distribution factors

Choose the correct answer from the options given below

1. (a)(A),(B),(C) only
2. (b)(A),(B), (D) only
3. (c)(D), (C), (B) only
4. (d)(A), (B), (C) and (D)✓

The Competition Act, 2002, provides for which of the following?

(A) Establishment of a Commission to prevent practices having effect on competition

(B) To promote and sustain competition in markets

(C) To protect the interests of consumers

(D) To ensure freedom of trade carried on by the other participants in the markets

(E) To establish NCLT and NCLAT to decide various matters

Choose the correct answer from the option given below

1. (a)A, B, C, D and E✓
2. (b)B, C and D only
3. (c)C, D and E only
4. (d)A, B, C and D only

In order to establish a cartel, what is NOT necessary?

1. (a)There should be an agreement
2. (b)It should be between an association of producers, sellers, distributors, traders or service providers
3. (c)The objective should be to limit, control or attempt to control the product distribution, sale or price of or trade in goods or provisions of services
4. (d)Cartels are very good for competition✓

All sums realised by way of penalties under the Competition Act, 2002 are credited to

1. (a)Competition Fund
2. (b)Consolidated Fund of India✓
3. (c)Finance Account of Ministry of Commerce
4. (d)PM Relief Fund

'Dominant position' of an enterprise is reflected in which of the following situations

(A) Position of strength in the relevant international market

(B) Enterprise operating independently of market forces in India

(C) Affecting competition or consumers of relevant market in India in its favour

(D) Position of strength enjoyed in relevant market in India

Choose the correct answer from the options given below

1. (a)(A), (B), (C) Only
2. (b)(A), (C), (D) Only
3. (c)(B), (A), (D) Only
4. (d)(C), (D), (B) Only✓

Which of the following is not the meaning of “dominant position” under the Competition Act, 2002?

1. (a)Position of strength
2. (b)Operating independently of competitive forces
3. (c)Cartel activity among competitors✓
4. (d)Ability to affect competitors or consumers in its favour

There shall be an abuse of dominant position, if an enterprise or a group

A. Imposes directly or indirectly, unfair or discriminatory condition in purchase or sale of goods

B. Limits or restricts production of goods in the market to the prejudice of consumer

C. Indulge in practice or practices resulting in denial of market access

D. The enterprise entered into a combination which causes an adverse effect on competition within the relevant market

Choose the correct answer from the options given below

1. (a)B, C and D only
2. (b)A, B and D only
3. (c)B and D only
4. (d)A, B and C only✓