1. Which of the following is NOT an essential element of negligence?
A) Duty of care
B) Breach of duty
C) Causation
D) Intent to harm
Answer: D) Intent to harm
2. The principle of “res ipsa loquitur” is best described as:
A) The thing speaks for itself
B) Let the buyer beware
C) Beyond a reasonable doubt
D) A matter already judged
Answer: A) The thing speaks for itself
3. In tort law, “vicarious liability” refers to:
A) Holding an employer liable for the acts of an employee
B) Holding a person liable for their own wrongful acts
C) Holding a manufacturer liable for defective products
D) Holding a property owner liable for injuries on their property
Answer: A) Holding an employer liable for the acts of an employee
4. The “neighbor principle” was established in which landmark case?
A) Donoghue v. Stevenson
B) Rylands v. Fletcher
C) Carlill v. Carbolic Smoke Ball Co.
D) Hedley Byrne & Co Ltd v. Heller & Partners Ltd
Answer: A) Donoghue v. Stevenson
5. Which of the following defenses is NOT applicable in a negligence claim?
A) Contributory negligence
B) Volenti non fit injuria
C) Act of God
D) Self-defense
Answer: D) Self-defense
6. The rule in Rylands v. Fletcher pertains to:
A) Strict liability for hazardous activities
B) Negligence in product manufacturing
C) Defamation of character
D) Trespass to land
Answer: A) Strict liability for hazardous activities
7. Defamation that is in a permanent form, such as writing or a broadcast, is known as:
A) Slander
B) Libel
C) Nuisance
D) Trespass
Answer: B) Libel
8. The defense of “inevitable accident” implies:
A) The harm was caused intentionally
B) The harm was caused by an act of God
C) The harm could not have been avoided despite reasonable care
D) The harm was consented to by the plaintiff
Answer: C) The harm could not have been avoided despite reasonable care
9. In tort law, “nuisance” primarily concerns:
A) Interference with a person’s enjoyment of their property
B) Physical harm to a person
C) Damage to personal property
D) Breach of contract
Answer: A) Interference with a person’s enjoyment of their property
10. The “eggshell skull” rule states that:
A) A defendant is liable for all consequences of their actions, even if the victim is unusually susceptible
B) A defendant is only liable for foreseeable injuries
C) A defendant is not liable if the victim had a pre-existing condition
D) A defendant’s liability is reduced if the victim contributed to their own injury
Answer: A) A defendant is liable for all consequences of their actions, even if the victim is unusually susceptible
11. Which of the following is an intentional tort?
A) Negligence
B) Battery
C) Strict liability
D) Nuisance
Answer: B) Battery
12. The concept of “duty of care” in negligence was significantly developed in which case?
A) Donoghue v. Stevenson
B) Bolton v. Stone
C) Wagon Mound (No. 1)
D) Caparo Industries plc v. Dickman
Answer: D) Caparo Industries plc v. Dickman
13. “Contributory negligence” refers to:
A) A plaintiff’s own negligence contributing to their harm
B) A third party’s negligence contributing to the plaintiff’s harm
C) A defendant’s negligence contributing to a third party’s harm
D) A situation where multiple defendants are negligent
Answer: A) A plaintiff’s own negligence contributing to their harm
14. The defense of “volenti non fit injuria” means:
A) To a willing person, no injury is done
B) Let the buyer beware
C) The thing speaks for itself
D) Beyond a reasonable doubt
Answer: A) To a willing person, no injury is done
15. In the context of defamation, a statement is considered defamatory if it:
A) Is true and damages someone’s reputation
B) Is false and damages someone’s reputation
C) Is an opinion and damages someone’s reputation
D) Is a joke and damages someone’s reputation
Answer: B) Is false and damages someone’s reputation
16. The “but for” test is used to determine:
A) Duty of care
B) Breach of duty
C) Causation
D) Damages
Answer: C) Causation
17. Which of the following is NOT a defense to defamation?
A) Truth
B) Absolute privilege
C) Qualified privilege
D) Mistake
Answer: D) Mistake
18. The principle that a person who brings something onto their land that is likely to cause harm if it escapes is strictly liable for any damage is known as:
A) The neighbor principle
B) The rule in Rylands v. Fletcher
C) The eggshell skull rule
D) The Bolam test
Answer: B) The rule in Rylands v. Fletcher
19. “Assault” in tort law is defined as:
A) Physical contact causing harm
B) An act causing the victim to apprehend immediate unlawful force
C) Defamatory statements causing harm to reputation
D) Trespass to land causing damage
Answer: B) An act causing the victim to apprehend immediate unlawful force
20. The “Bolam test” is used to assess:
A) The standard of care in professional negligence
B) Causation in fact
C) The remoteness of damage
D) The foreseeability of harm
Answer: A) The standard of care in professional negligence
21. In tort law, “trespass to chattels” refers to:
A) Unauthorized entry onto someone’s land
B) Unauthorized interference with someone’s personal property
C) Unauthorized use of someone’s intellectual property
D) Unauthorized use of someone’s services
Answer: B) Unauthorized interference with someone’s personal property
22. The defense of “necessity” can be used when:
A) The defendant acted to prevent a greater harm
B) The defendant was unaware of the law
C) The defendant was coerced into committing the act
D) The defendant was intoxicated
23. “False imprisonment” occurs when:
A) A person is detained without lawful
24. False imprisonment requires:
A) Actual physical restraint
B) A reasonable means of escape
C) A restriction of a person’s movement without legal justification
D) Harm or injury to the detained person
Answer: C) A restriction of a person’s movement without legal justification
25. Which of the following is NOT a type of trespass?
A) Trespass to land
B) Trespass to chattels
C) Trespass to contract
D) Trespass to person
Answer: C) Trespass to contract
26. The case of Rylands v. Fletcher established which principle?
A) Negligence
B) Strict liability
C) Vicarious liability
D) Duty of care
Answer: B) Strict liability
27. A publication will be considered defamatory if:
A) It is merely insulting
B) It exposes the plaintiff to hatred, ridicule, or contempt
C) It is a fair comment on a matter of public interest
D) It is only read by the plaintiff
Answer: B) It exposes the plaintiff to hatred, ridicule, or contempt
28. What is “malicious prosecution” in tort law?
A) Filing a false criminal case with malicious intent
B) Arresting someone under proper legal procedure
C) A case dismissed due to lack of evidence
D) A case where the accused is found guilty
Answer: A) Filing a false criminal case with malicious intent
29. The landmark case Donoghue v. Stevenson established:
A) The principle of caveat emptor
B) The duty of care in negligence
C) The rule of strict liability
D) The defense of volenti non fit injuria
Answer: B) The duty of care in negligence
30. The defense of “inevitable accident” in tort law means:
A) The event was caused by an act of God
B) The defendant took reasonable care but still could not prevent the harm
C) The plaintiff was responsible for their own injury
D) The injury was intentional but unavoidable
Answer: B) The defendant took reasonable care but still could not prevent the harm
31. “Remoteness of damage” in tort law refers to:
A) Whether the injury was directly caused by the defendant’s actions
B) The physical distance between the parties involved
C) The time taken to file the lawsuit
D) Whether the damage was foreseeable
Answer: D) Whether the damage was foreseeable
32. A doctor performing surgery without the patient’s consent may be liable for:
A) Negligence
B) Trespass to person (battery)
C) Nuisance
D) Defamation
Answer: B) Trespass to person (battery)
33. In a defamation case, which of the following is a valid defense?
A) The plaintiff was not offended
B) The statement was false but humorous
C) The statement was made in private
D) The statement was true
Answer: D) The statement was true
34. Which of the following is an absolute defense to a defamation claim?
A) Mistaken identity
B) The plaintiff’s previous bad reputation
C) Truth
D) Financial loss
Answer: C) Truth
35. “Novus actus interveniens” means:
A) An act that breaks the chain of causation
B) An act of God
C) A new tort principle
D) An inevitable accident
Answer: A) An act that breaks the chain of causation
36. A newspaper publishes a false statement about a politician, damaging their reputation. This is an example of:
A) Nuisance
B) Libel
C) Slander
D) Assault
Answer: B) Libel
37. The defense of “contributory negligence” means:
A) The defendant was not negligent
B) The plaintiff was partly responsible for their own injury
C) The plaintiff assumed the risk of injury
D) The harm was too remote
Answer: B) The plaintiff was partly responsible for their own injury
38. Which of the following torts requires proof of actual damage?
A) Assault
B) Defamation
C) Negligence
D) Trespass
Answer: C) Negligence
39. In which case was the test for professional negligence laid down?
A) Donoghue v. Stevenson
B) Rylands v. Fletcher
C) Bolam v. Friern Hospital Management Committee
D) Wagon Mound
Answer: C) Bolam v. Friern Hospital Management Committee
40. The principle of strict liability means:
A) A person is only liable if negligence is proved
B) Liability exists even without fault
C) The defendant must compensate only if they had intent
D) The liability can always be avoided by defenses
Answer: B) Liability exists even without fault
41. The maxim Volenti non fit injuria means:
A) No one shall be a judge in their own cause
B) An act of God
C) No injury is done to one who consents
D) Let the buyer beware
Answer: C) No injury is done to one who consents
42. The liability under Rylands v. Fletcher arises when there is:
A) Escape of a dangerous thing
B) Negligence of the defendant
C) Contractual obligation
D) Trespass to land
Answer: A) Escape of a dangerous thing
43. Under the law of torts, “defamation” is divided into:
A) Libel and nuisance
B) Slander and battery
C) Libel and slander
D) Assault and battery
Answer: C) Libel and slander
44. The principle of res ipsa loquitur is applied when:
A) The plaintiff is unable to prove fault
B) The accident speaks for itself
C) The damage is caused by natural forces
D) There is a contract between parties
Answer: B) The accident speaks for itself
45. The defense of act of God applies when:
A) The event is predictable
B) The harm was intentional
C) The damage is caused by natural forces beyond human control
D) The plaintiff consented to the act
Answer: C) The damage is caused by natural forces beyond human control
46. What is “nuisance” in tort law?
A) An act that harms a specific person only
B) A wrongful act interfering with another’s lawful enjoyment of property
C) A case where physical harm is necessary
D) A strict liability offense
Answer: B) A wrongful act interfering with another’s lawful enjoyment of property
47. What is “battery” in tort law?
A) Threatening someone without physical contact
B) Unlawful and intentional physical contact with another person
C) Accidental harm
D) Verbal abuse
Answer: B) Unlawful and intentional physical contact with another person
48. A master is liable for the wrongful acts of his servant under:
A) Absolute liability
B) Vicarious liability
C) Personal liability
D) Strict liability
Answer: B) Vicarious liability
49. What is a “continuing nuisance”?
A) A one-time disturbance
B) An interference that occurs at regular intervals
C) A nuisance that continues over time
D) A nuisance caused by negligence
Answer: C) A nuisance that continues over time
50. The liability of the State for the wrongful acts of its employees is based on:
A) The rule of res ipsa loquitur
B) The principle of sovereign immunity
C) The concept of vicarious liability
D) The rule of damnum sine injuria
Answer: C) The concept of vicarious liability
Questions from Previous Years (AIBE Pattern)
51. In which case was the principle of negligence first established?
A) Rylands v. Fletcher
B) Donoghue v. Stevenson
C) Ashby v. White
D) Palsgraf v. Long Island Railroad
Answer: B) Donoghue v. Stevenson
52. When an act is done under necessity to prevent a greater harm, it is:
A) A defense to liability
B) An absolute wrong
C) Not recognized in law
D) Always punishable
Answer: A) A defense to liability
53. A false statement made carelessly that causes loss to another person is known as:
A) Libel
B) Fraud
C) Negligent misrepresentation
D) Nuisance
Answer: C) Negligent misrepresentation
54. The rule of strict liability was modified into absolute liability in which Indian case?
A) MC Mehta v. Union of India
B) Rylands v. Fletcher
C) Donoghue v. Stevenson
D) Ashby v. White
Answer: A) MC Mehta v. Union of India
55. The defense of private defense is applicable when:
A) The act is done in self-defense
B) The act is done negligently
C) The plaintiff is not harmed
D) The act is done for public good
Answer: A) The act is done in self-defense
56. In tort law, the term injuria sine damno refers to:
A) Injury caused by an accident
B) A legal injury without actual damage
C) Damage without a legal injury
D) A strict liability offense
Answer: B) A legal injury without actual damage
57. Under defamation law, making a true statement with good intent is a defense called:
A) Fair comment
B) Mistaken identity
C) Volenti non fit injuria
D) Malicious prosecution
Answer: A) Fair comment
58. The case Gloucester Grammar School is related to which principle?
A) Injuria sine damno
B) Damnum sine injuria
C) Strict liability
D) Absolute liability
Answer: B) Damnum sine injuria
59. The maxim ubi jus ibi remedium means:
A) No harm, no foul
B) Where there is a right, there is a remedy
C) No liability without fault
D) Let the master answer
Answer: B) Where there is a right, there is a remedy
60. “Puffery” in advertising refers to:
A) False statements
B) Innocent exaggeration of claims
C) A tortious act
D) A criminal offense
Answer: B) Innocent exaggeration of claims
61. In which case was the rule of ‘absolute liability’ established in India?
A) Donoghue v. Stevenson
B) Rylands v. Fletcher
C) M.C. Mehta v. Union of India
D) Ashby v. White
Answer: C) M.C. Mehta v. Union of India
62. Which of the following is an essential element of the tort of malicious prosecution?
A) Criminal proceedings were instituted maliciously
B) There was reasonable and probable cause
C) The defendant was acting under statutory authority
D) The case was dismissed due to a technical issue
Answer: A) Criminal proceedings were instituted maliciously
63. Under which maxim is a master liable for the wrongful acts of his servant?
A) Qui facit per alium facit per se
B) Res ipsa loquitur
C) Volenti non fit injuria
D) Ubi jus ibi remedium
Answer: A) Qui facit per alium facit per se
64. A nuisance affecting an individual specifically is called:
A) Public nuisance
B) Private nuisance
C) Negligence
D) Trespass
Answer: B) Private nuisance
65. In an action for negligence, which of the following is essential?
A) Presence of a duty of care
B) Actual damage
C) Malicious intention
D) A contractual relationship
Answer: A) Presence of a duty of care
66. The principle that “the burden of proof shifts to the defendant” is contained in:
A) Res ipsa loquitur
B) Volenti non fit injuria
C) Damnum sine injuria
D) Caveat emptor
Answer: A) Res ipsa loquitur
67. Under vicarious liability, an employer is liable for the wrongful acts of his servant if:
A) The act was committed within the course of employment
B) The act was committed outside working hours
C) The employee was negligent
D) The employer was unaware of the act
Answer: A) The act was committed within the course of employment
68. A defamatory statement made in writing is called:
A) Libel
B) Slander
C) Battery
D) Trespass
Answer: A) Libel
69. Which of the following is an example of an absolute defense in defamation cases?
A) Qualified privilege
B) Truth
C) Fair comment
D) Consent
Answer: B) Truth
70. The principle of strict liability does not apply when:
A) The plaintiff is at fault
B) The defendant proves lack of negligence
C) There is an act of a third party
D) The case involves ultra-hazardous substances
Answer: C) There is an act of a third party
71. The doctrine of nervous shock is related to:
A) Assault
B) Battery
C) Negligence
D) Defamation
Answer: C) Negligence
72. Injuria sine damno means:
A) Legal injury without actual damage
B) Actual damage without legal injury
C) An act of God
D) Absolute liability
Answer: A) Legal injury without actual damage
73. In a tort case, the standard of proof required is:
A) Beyond a reasonable doubt
B) Preponderance of probabilities
C) Clear and convincing evidence
D) Prima facie evidence
Answer: B) Preponderance of probabilities
74. Contributory negligence means:
A) The plaintiff is also partly at fault
B) The defendant has no liability
C) A third party is responsible for the harm
D) There is no negligence involved
Answer: A) The plaintiff is also partly at fault
75. The defense of “inevitable accident” applies when:
A) The accident was unavoidable despite due care
B) The accident was intentional
C) The accident was due to negligence
D) The accident was due to recklessness
Answer: A) The accident was unavoidable despite due care
76. False imprisonment means:
A) Detaining a person lawfully
B) Preventing a person from moving freely without legal justification
C) Wrongful prosecution
D) Holding someone as a witness
Answer: B) Preventing a person from moving freely without legal justification
77. Caveat emptor means:
A) Let the seller beware
B) Let the buyer beware
C) No remedy without a right
D) No injury, no compensation
Answer: B) Let the buyer beware
78. Which of the following is a general defense in tort law?
A) Strict liability
B) Consent
C) Negligence
D) Vicarious liability
Answer: B) Consent
79. Which case established the principle of duty of care in negligence?
A) Donoghue v. Stevenson
B) Rylands v. Fletcher
C) Ashby v. White
D) Scott v. Shepherd
Answer: A) Donoghue v. Stevenson
80. The Eggshell Skull Rule means:
A) The defendant must take the plaintiff as they find them
B) The plaintiff must prove negligence
C) Liability is strict
D) No liability if the victim had a pre-existing condition
Answer: A) The defendant must take the plaintiff as they find them
81. When does the liability in defamation arise?
A) When a defamatory statement is made in public
B) When a defamatory statement is communicated to a third party
C) When the defendant intends to defame
D) When the plaintiff feels insulted
Answer: B) When a defamatory statement is communicated to a third party
82. Salmon Test in vicarious liability determines:
A) Employer liability for independent contractors
B) Employer liability for criminal acts of employees
C) Employer liability for acts done in the course of employment
D) Employer liability for negligence
Answer: C) Employer liability for acts done in the course of employment
83. The rule in Rylands v. Fletcher applies to:
A) Escape of dangerous things
B) Motor vehicle accidents
C) Contractual liability
D) Absolute liability
Answer: A) Escape of dangerous things
84. In nuisance cases, what must be proved?
A) Fault of the defendant
B) Unreasonable interference with property rights
C) Actual damage
D) Malicious intent
Answer: B) Unreasonable interference with property rights
85. What is “remoteness of damage” in negligence cases?
A) The damage is too far removed from the wrongful act
B) The defendant is not at fault
C) The plaintiff is at fault
D) The case involves strict liability
Answer: A) The damage is too far removed from the wrongful act
Here are the final 15 MCQs on the Law of Torts as per the AIBE syllabus, continuing from Question 86:
86. The defense of Act of God applies when:
A) The defendant is negligent
B) The harm was caused by natural forces beyond human control
C) The plaintiff consented to the act
D) The defendant had no knowledge of the risk
Answer: B) The harm was caused by natural forces beyond human control
87. In Rylands v. Fletcher, what was the primary basis of liability?
A) Strict liability
B) Absolute liability
C) Contributory negligence
D) Duty of care
Answer: A) Strict liability
88. The tort of conversion involves:
A) Unlawful interference with a person’s use of land
B) Wrongful possession or dealing with someone else’s goods
C) Making false statements about a person
D) Negligence leading to economic loss
Answer: B) Wrongful possession or dealing with someone else’s goods
89. A master is not liable for the wrongful act of his servant when:
A) The servant acted outside the course of employment
B) The servant was negligent
C) The act was intentional
D) The master had no knowledge of the act
Answer: A) The servant acted outside the course of employment
90. Volenti non fit injuria means:
A) No liability when the plaintiff consents to the risk
B) No liability when the defendant proves innocence
C) No compensation for economic loss
D) No remedy for minor injuries
Answer: A) No liability when the plaintiff consents to the risk
91. What is the test to determine negligence?
A) The reasonable man test
B) The absolute liability test
C) The foreseeability test
D) The proximity test
Answer: A) The reasonable man test
92. The rule of strict liability does not apply when:
A) The damage was caused by an act of a stranger
B) The defendant was negligent
C) The plaintiff suffered only economic loss
D) The defendant was a minor
Answer: A) The damage was caused by an act of a stranger
93. In Blyth v. Birmingham Waterworks, negligence was defined as:
A) The omission to do something which a reasonable person would do
B) The failure to compensate for harm
C) An act causing injury with intention
D) The duty to warn about all risks
Answer: A) The omission to do something which a reasonable person would do
94. Novus actus interveniens refers to:
A) A new act that breaks the chain of causation
B) The foreseeability of harm
C) The duty to take precautions
D) The liability of an employer
Answer: A) A new act that breaks the chain of causation
95. What is the primary remedy in tort law?
A) Compensation (damages)
B) Imprisonment
C) Revocation of license
D) Confiscation of property
Answer: A) Compensation (damages)
96. What is a continuing nuisance?
A) A one-time act of interference
B) An interference that continues over time
C) A criminal offense
D) A temporary inconvenience
Answer: B) An interference that continues over time
97. The defense of private defense in tort applies when:
A) A person uses reasonable force to protect himself or his property
B) A person deliberately harms another
C) The defendant acts under government orders
D) The defendant proves he had no intent
Answer: A) A person uses reasonable force to protect himself or his property
98. Absolute liability differs from strict liability because:
A) There are no exceptions under absolute liability
B) Absolute liability applies only to negligence cases
C) Strict liability does not apply to industries
D) Absolute liability requires proof of intent
Answer: A) There are no exceptions under absolute liability
99. The tort of assault involves:
A) Physical contact causing harm
B) A threat causing reasonable apprehension of harm
C) False imprisonment
D) Defamation
Answer: B) A threat causing reasonable apprehension of harm
100. A tort is different from a crime because:
A) A tort involves a civil wrong, whereas a crime involves a public wrong
B) A tort leads to imprisonment
C) A tort requires mens rea
D) A tort is only applicable to property damage
Answer: A) A tort involves a civil wrong, whereas a crime involves a public wrong