Law Of Torts MCQ question and answer

11

Two dogs, belonging to two different persons, acting in concert attacked a flock of sheep and injured them.
Which one of the following is the correct statement? In an action for damages:

A) One of them is liable for one-half of the damage caused by his dog B) Each of them is liable for full damage caused by their dogs C) None of them is liable for full damage caused by their dogs D) Each of them is liable for proportional damage caused by their dogs

Discuss

Answer & Solution

Answer: Option B

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12

The liability for Tort arises on:
1. Violation of a right in rem.
2. Violation of a right in personam
3. Breach of a legal duty
4. Breach of an equitable obligation.
Select the correct answer using the given below:

A) 1 only B) 1 and 3 C) 2 and 3 D) 3 and 4

Discuss

Answer & Solution

Answer: Option B

Solution:

Liability in Tort arises when there is a violation of a right in rem (a right against the world at large) and a breach of a legal duty.

Right in rem refers to a right enforceable against everyone, such as the right to personal safety or property. If this right is violated, the injured party can seek remedies under tort law.

Breach of a legal duty occurs when a person fails to fulfill a duty imposed by law, resulting in harm to another party. This is a fundamental principle of tort law.

Why Not the Other Options?

Option A: 1 only – While the violation of a right in rem is an essential aspect, it is not the sole criterion for tort liability. A breach of legal duty is also necessary.

Option C: 2 and 3 – A right in personam (a right enforceable against a specific person) is associated with contract law rather than tort law. Therefore, this option is incorrect.

Option D: 3 and 4 – Breach of an equitable obligation is relevant to equity and trust law, not tort law, making this option incorrect.

Thus, Option B (1 and 3) is the correct answer as it correctly identifies the grounds for liability in tort.

13

The careless operations of railways that led to fire in the bogie standing in the platform attracted a few public spirited rescues standing on the platform to rush in to extinguish the fire. In the course of rescue operation a rescuer was gravely injured. Can he bring tort action against the railways?

A) No, the railways had a team of expert rescuers who would have acted in any case B) Yes, because the dangerous situation by railways' carelessness had invited the rescuers C) No, because his injuries were voluntarily assumed by him D) None of the above

Discuss

Answer & Solution

Answer: Option B

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14

Persons are said to be joint tort-feasors when their separate shares in the commission of the tort are done in furtherance of a common:

A) Motive B) Intention C) Design D) Participation

Discuss

Answer & Solution

Answer: Option C

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15

In which of the following case, Lord Wilber force opined that "It is necessary to consider three elements inherent in any claim for nervous shock: the class of persons whose claim should be recognized, the proximity of such persons to the incident and the means adopted by which shock is caused"?

A) Page v. Smith B) Hinz v. Berry C) Bourhill v. Young D) McLoughlin v. O'Brian

Discuss

Answer & Solution

Answer: Option D

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16

The maxim actio personalis moritur cum persona means:

A) Personal action dies with the parties to the cause of action B) An action is not given to him who has received no damages C) No one is responsible for inevitable accidents D) An act done by me against my will, is not my act

Discuss

Answer & Solution

Answer: Option A

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17

Who made the statement that "categories of negligence are never closed"?

A) Lord Wilberforce B) Lord Reid C) Lord McMillan D) Lord Blackburn

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Answer & Solution

Answer: Option C

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18

Which one of the following statements is correct?
The standard of care generally used in case of negligence is

A) The skill and care of a qualified person B) The skill and care of an average person of prudence and competence C) The care taken by an intelligent and prudent man D) The foresight and judgement of an adult man

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Answer & Solution

Answer: Option B

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19

In which one of the following situations is slander actionable perse?

A) An imputation that a certain person is a habitual gambler B) An imputation that a certain person is a liar C) An imputation that a certain wrestler is a womanizer D) An imputation that a certain female player is of unchaste character

Discuss

Answer & Solution

Answer: Option D

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20

Which of the following exceptions to strict liability were recognised by Justice Blackburn in Rylands v. Fletcher?
1. Vis major
2. Statutory authority
3. Plaintiff's own default
4. Act of third party
Choose the correct option from below:

A) 3 and 4 B) 1, 2 and 3 C) All of these D) 1 and 3

Discuss

Answer & Solution

Answer: Option D

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Law Of Torts MCQ question and answer | Law MCQ question