Unit V · Topic 4Specific torts – Negligence, nuisance, trespass and defamation – Previous Year Questions

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