Unit V · Topic 1Nature and definition of tort – Previous Year Questions

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