Unit V · Topic 2General principles of tortious liability – Previous Year Questions

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