Law Of Torts MCQ question and answer

31

An act done by a Government servant in exercise of statutory powers is a defence

A) If the said act is in exercise of sovereign functions B) If the said act is in exercise of non-sovereign functions C) If the said act is a constitutional act D) None of these

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Answer & Solution

Answer: Option A

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32

Ryland v. Fletcher, 1868 LR is a case which is related with the torts of

A) Nuisance B) Trespass C) Negligence D) Strict liability or liability without fault

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Answer & Solution

Answer: Option D

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33

Match List-I (Name of defence) with List-II (Related case) and give the answer by using the given below:

List I	List II
a. Plaintiff a wrongdoer	1. Nichols v. Marsland
b. Act of God	2. Bird v. Holbrook
c. Inevitable accident	3. Consolidated Co. v. Curtis
d. Mistake	4. Stanley v. Powell

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

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Answer: Option C

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34

Which one of the following can be successfully pleaded as a defence in an action for conspiracy?

A) The combination is for creating an equal bargaining capacity B) The combination is for eliminating monopoly C) The combination is for protecting one's arm trade D) The combination is in accordance with their business policy

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Answer: Option B

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35

The rule regarding the principle of negligence was laid down in the leading case of

A) Glasgow Corp v. Muir B) Donoghue v. Stevenson C) Winterbottom v. Wright D) Ishwari Devi v. Union of India

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Answer: Option B

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36

Extra-judicial remedies exclude

A) Re-entry on land B) Recapture of goods C) Damages D) Abatement of nuisance

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Answer: Option C

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37

The maxim volenti nan fit injuria means:-

A) Voluntarily suffered injury is not fit for action B) No breach of a legal right is committed against one who is a willing party C) Harm suffered voluntarily does not constitute an injury and is not actionable D) All are correct

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Answer & Solution

Answer: Option D

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38

A master's liability for the act of his servant is based

A) On the maxim of respondent superior B) On the doctrine of necessity C) On morality D) In the interest of trade and commerce

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Answer & Solution

Answer: Option A

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39

A enters into B's house through a window. What offence he had made out?

A) House Trespass B) House breaking C) Criminal trespass D) Lurking House trespass

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Answer: Option B

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40

Which of the following statements is true about malice-in-law and malice-in-fact?

A) The former is a wrongful act done intentionally with evil motive whereas the latter is a wrongful act done intentionally without a just cause B) The former is a wrongful act done intentionally without just cause whereas the latter is a wrongful act done intentionally with evil motive C) The former is a wrongful act done intentionally whereas the latter is a wrongful act done intentionally D) Both have same consequences

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Answer: Option B

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Law Of Torts MCQ question and answer | Law MCQ question