CLAT PG question bank

Law of Torts MCQs for CLAT PG, Page 3

CLAT PG Law of Torts questions 51-75 of 100, with answer keys and explanations covering negligence, nuisance, defamation, strict liability, vicarious liability, trespass, defences, and damages.

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Topics in this subject

Revise core LLB subjects through CLAT PG MCQs, passage-led questions, answer keys, explanations, statutes, and exam-oriented legal principles.

  • Contributory and Composite Negligence5
  • Defamation10
  • General Defences5
  • Intentional Torts Against Person5
  • Malicious Prosecution5
  • Nature and Scope of Tort5
  • Negligence15
  • Nuisance10
  • Occupier's Liability5
  • Remedies and Damages5
  • State Liability5
  • Strict and Absolute Liability10
  • Trespass to Land and Goods5
  • Vicarious Liability10
Passage or principleR.K. Bangia, Law of Torts - Nuisance

Nuisance is a tort that protects interests in land and in the enjoyment of rights common to the public. Private nuisance consists of unreasonable interference with the use or enjoyment of land, or with some right over or in connection with it. The interference may be caused by smoke, smell, noise, vibrations, noxious fumes, or other continuing or recurrent conditions. Not every annoyance is actionable; the interference must be substantial and unreasonable in the circumstances. The character of the locality, duration of the interference, and the sensitivity of the plaintiff's use may all be relevant. Public nuisance, by contrast, is an unreasonable interference with a right common to the general public, such as obstruction of a highway or a threat to public health. A private individual normally sues for public nuisance only on proof of special damage beyond that suffered by the public at large. In private nuisance, a plaintiff generally needs some proprietary or possessory interest in the land affected. The fact that the plaintiff 'came to the nuisance' is generally not by itself a defence.

Question 51MediumNuisance

According to the passage, private nuisance consists of:

  1. A

    Any statement that lowers reputation

  2. B

    Unreasonable interference with the use or enjoyment of land

  3. C

    Any public inconvenience whatsoever

  4. D

    Every act of trespass to goods

View answer and explanation

Correct answer: B. Unreasonable interference with the use or enjoyment of land

The passage defines private nuisance as unreasonable interference with the use or enjoyment of land or some right connected with it.

Source note: R.K. Bangia, Law of Torts

Question 52MediumNuisance

The passage indicates that not every annoyance becomes actionable because the interference must be:

  1. A

    Intentional and criminal

  2. B

    Substantial and unreasonable

  3. C

    Reported to the police

  4. D

    Purely temporary

View answer and explanation

Correct answer: B. Substantial and unreasonable

The passage expressly says that the interference must be substantial and unreasonable in the circumstances.

Source note: R.K. Bangia, Law of Torts

Question 53MediumNuisance

Public nuisance, as described in the passage, is concerned with:

  1. A

    A private right under contract

  2. B

    An unreasonable interference with a right common to the public

  3. C

    Wrongful detention of goods

  4. D

    Every neighbour dispute regarding land boundaries

View answer and explanation

Correct answer: B. An unreasonable interference with a right common to the public

The passage defines public nuisance as an unreasonable interference with a right common to the general public.

Source note: R.K. Bangia, Law of Torts

Question 54MediumNuisance

A private individual suing for public nuisance must normally prove:

  1. A

    Ownership of government property

  2. B

    Special damage beyond that suffered by the public at large

  3. C

    That the nuisance lasted more than one year

  4. D

    That the defendant acted maliciously

View answer and explanation

Correct answer: B. Special damage beyond that suffered by the public at large

The passage says that a private individual normally sues for public nuisance only on proof of special damage beyond that suffered by the public at large.

Source note: R.K. Bangia, Law of Torts

Question 55MediumNuisance

The passage states that the fact that the plaintiff 'came to the nuisance' is:

  1. A

    A complete defence by itself

  2. B

    Generally not by itself a defence

  3. C

    Relevant only in criminal law

  4. D

    A rule limited to contract

View answer and explanation

Correct answer: B. Generally not by itself a defence

The passage clearly states that coming to the nuisance is generally not by itself a defence.

Source note: R.K. Bangia, Law of Torts

Passage or principleR.K. Bangia, Law of Torts - Strict Liability

The rule in Rylands v. Fletcher imposes strict liability where a person, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, and that thing in fact escapes and causes damage. Its important ingredients are the accumulation of a dangerous thing, non-natural use of land, escape, and resulting damage. Traditionally, several exceptions were recognised, including the plaintiff's own default, act of God, act of a stranger, consent, statutory authority, and natural use of land. Indian law moved beyond this framework in relation to hazardous industries through the principle of absolute liability formulated in M.C. Mehta. Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results on account of an accident in the operation of that activity, the enterprise is absolutely liable to compensate those affected. The liability is not subject to the old exceptions under Rylands v. Fletcher. The rationale is that such enterprises have the resources and obligation to discover and guard against hazards, and the cost of accidents should be borne by the enterprise rather than innocent victims.

Question 56MediumStrict and Absolute Liability

According to the passage, one essential ingredient of strict liability under Rylands v. Fletcher is:

  1. A

    A written contract between the parties

  2. B

    Escape of the dangerous thing

  3. C

    Publication to a third person

  4. D

    Criminal intention

View answer and explanation

Correct answer: B. Escape of the dangerous thing

The passage lists escape as one of the important ingredients of liability under Rylands v. Fletcher.

Source note: R.K. Bangia, Law of Torts

Question 57MediumStrict and Absolute Liability

The passage identifies which of the following as an ingredient of the Rylands rule?

  1. A

    Natural use of land as a requirement of liability

  2. B

    Non-natural use of land

  3. C

    Proof of malice

  4. D

    Duty arising from contract alone

View answer and explanation

Correct answer: B. Non-natural use of land

The passage explicitly mentions non-natural use of land as one of the ingredients of strict liability under Rylands v. Fletcher.

Source note: R.K. Bangia, Law of Torts

Question 58MediumStrict and Absolute Liability

According to the passage, traditional strict liability under Rylands v. Fletcher recognized:

  1. A

    No exceptions at all

  2. B

    Only one exception, namely act of God

  3. C

    Several exceptions including act of God and consent

  4. D

    Only exceptions created by criminal courts

View answer and explanation

Correct answer: C. Several exceptions including act of God and consent

The passage states that several exceptions were traditionally recognized, including act of God, consent, and others.

Source note: R.K. Bangia, Law of Torts

Question 59MediumStrict and Absolute Liability

The principle of absolute liability in M.C. Mehta differs from Rylands v. Fletcher because:

  1. A

    It applies only to defamation claims

  2. B

    It is confined to non-hazardous domestic activities

  3. C

    It does not permit the old Rylands exceptions for hazardous enterprises

  4. D

    It requires proof of plaintiff's consent

View answer and explanation

Correct answer: C. It does not permit the old Rylands exceptions for hazardous enterprises

The passage says absolute liability for hazardous enterprises is not subject to the old exceptions under Rylands v. Fletcher.

Source note: R.K. Bangia, Law of Torts

Question 60MediumStrict and Absolute Liability

The rationale for absolute liability, according to the passage, is that hazardous enterprises:

  1. A

    Should be protected from all claims

  2. B

    Should bear the cost of accidents rather than innocent victims

  3. C

    Can avoid liability by showing reasonable care

  4. D

    Are liable only if they intended harm

View answer and explanation

Correct answer: B. Should bear the cost of accidents rather than innocent victims

The passage explains that hazardous enterprises have the resources and obligation to guard against hazards, so the cost of accidents should fall on them rather than innocent victims.

Source note: R.K. Bangia, Law of Torts

Passage or principleR.K. Bangia, Law of Torts - Vicarious Liability

Vicarious liability means liability of one person for the tort of another because of a legally recognised relationship between them. Its most familiar application is the liability of an employer for torts committed by an employee in the course of employment. The doctrine does not depend on personal fault of the employer in each case; it rests on policy considerations that those who set an enterprise in motion should bear the risks created by it. A master is generally liable for an authorised act done by a servant, as well as for an unauthorised mode of doing an authorised act, provided the act remains sufficiently connected with the course of employment. If, however, the employee departs entirely from employment and goes on a frolic of his own, the employer is ordinarily not liable. The position of independent contractors is different: as a general rule, the employer is not vicariously liable for the torts of an independent contractor, though important exceptions may arise where the duty is non-delegable or the work is inherently hazardous.

Question 61MediumVicarious Liability

According to the passage, vicarious liability arises because of:

  1. A

    A casual friendship

  2. B

    A legally recognised relationship

  3. C

    A public nuisance

  4. D

    A criminal conviction only

View answer and explanation

Correct answer: B. A legally recognised relationship

The passage defines vicarious liability as liability of one person for the tort of another because of a legally recognised relationship between them.

Source note: R.K. Bangia, Law of Torts

Question 62MediumVicarious Liability

The most familiar application of vicarious liability mentioned in the passage is:

  1. A

    Judicial immunity

  2. B

    Liability of an employer for torts of an employee in the course of employment

  3. C

    Liability of every landowner for trespassers

  4. D

    Absolute liability for hazardous industries

View answer and explanation

Correct answer: B. Liability of an employer for torts of an employee in the course of employment

The passage says its most familiar application is employer liability for torts committed by an employee in the course of employment.

Source note: R.K. Bangia, Law of Torts

Question 63MediumVicarious Liability

The passage indicates that an employer may still be liable for:

  1. A

    Any act done after retirement

  2. B

    An unauthorised mode of doing an authorised act

  3. C

    Acts wholly unrelated to employment

  4. D

    Only acts expressly commanded in writing

View answer and explanation

Correct answer: B. An unauthorised mode of doing an authorised act

The passage states that a master is liable not only for an authorised act, but also for an unauthorised mode of doing an authorised act, if sufficiently connected with employment.

Source note: R.K. Bangia, Law of Torts

Question 64MediumVicarious Liability

If an employee goes on a complete frolic of his own, according to the passage, the employer is ordinarily:

  1. A

    Still liable in every case

  2. B

    Not liable

  3. C

    Criminally liable only

  4. D

    Liable only for nominal damages

View answer and explanation

Correct answer: B. Not liable

The passage clearly says that if the employee departs entirely from employment and goes on a frolic of his own, the employer is ordinarily not liable.

Source note: R.K. Bangia, Law of Torts

Question 65MediumVicarious Liability

As regards independent contractors, the passage states the general rule is that the employer is:

  1. A

    Always vicariously liable

  2. B

    Never answerable even under exceptions

  3. C

    Generally not vicariously liable, subject to exceptions

  4. D

    Liable only if the contractor is negligent in writing

View answer and explanation

Correct answer: C. Generally not vicariously liable, subject to exceptions

The passage says the general rule is that the employer is not vicariously liable for torts of an independent contractor, though important exceptions may apply.

Source note: R.K. Bangia, Law of Torts

Passage or principleR.K. Bangia, Law of Torts - Defamation

Defamation protects a person's reputation from false statements that tend to lower him in the estimation of right-thinking members of society. The law ordinarily requires publication to at least one person other than the plaintiff, because reputation concerns what others think of a person. A statement may be defamatory even if the plaintiff is not expressly named, provided reasonable persons acquainted with the surrounding facts would understand it to refer to the plaintiff. Truth is generally a complete defence in a civil action for defamation. Certain occasions attract absolute privilege, such as statements made in the course of judicial proceedings. Qualified privilege protects honest statements made on occasions where the maker has a legal, social, or moral duty and the recipient has a corresponding interest. Fair comment protects honest opinion, as distinct from false statements of fact, on matters of public interest. However, where malice is proved, qualified privilege and fair comment may fail. The law thus balances protection of reputation with freedom of communication in appropriate contexts.

Question 66MediumDefamation

According to the passage, defamation protects a person's:

  1. A

    Possession of land

  2. B

    Reputation

  3. C

    Freedom from all criticism

  4. D

    Right to arrest others

View answer and explanation

Correct answer: B. Reputation

The passage begins by stating that defamation protects a person's reputation from false statements lowering him in society's estimation.

Source note: R.K. Bangia, Law of Torts

Question 67MediumDefamation

Publication in defamation, as described in the passage, requires communication:

  1. A

    Only to the plaintiff

  2. B

    To at least one person other than the plaintiff

  3. C

    Only through newspapers

  4. D

    Only to a public official

View answer and explanation

Correct answer: B. To at least one person other than the plaintiff

The passage expressly states that publication to at least one person other than the plaintiff is required because reputation concerns what others think.

Source note: R.K. Bangia, Law of Torts

Question 68MediumDefamation

The passage indicates that a statement may still be defamatory even without naming the plaintiff if:

  1. A

    The plaintiff is a public servant

  2. B

    People acquainted with the facts would understand it to refer to the plaintiff

  3. C

    The defendant repeats it twice

  4. D

    The statement was made privately to the plaintiff

View answer and explanation

Correct answer: B. People acquainted with the facts would understand it to refer to the plaintiff

The passage says that even if the plaintiff is not expressly named, the statement may be defamatory if reasonable persons acquainted with the facts would identify the plaintiff.

Source note: R.K. Bangia, Law of Torts

Question 69MediumDefamation

According to the passage, fair comment protects:

  1. A

    False statements of fact

  2. B

    Honest opinion on matters of public interest

  3. C

    All malicious criticism

  4. D

    Only judicial statements

View answer and explanation

Correct answer: B. Honest opinion on matters of public interest

The passage explains that fair comment protects honest opinion, not false statements of fact, on matters of public interest.

Source note: R.K. Bangia, Law of Torts

Question 70MediumDefamation

The passage states that malice may defeat which of the following defences?

  1. A

    Truth alone

  2. B

    Qualified privilege and fair comment

  3. C

    Absolute privilege only

  4. D

    No defence at all

View answer and explanation

Correct answer: B. Qualified privilege and fair comment

The passage specifically says that where malice is proved, qualified privilege and fair comment may fail.

Source note: R.K. Bangia, Law of Torts

Passage or principleR.K. Bangia, Law of Torts - Torts Against Person

The law of torts protects bodily security and personal liberty through several intentional torts. Assault consists in creating a reasonable apprehension of immediate unlawful force. Actual physical contact is not essential to assault; the gravamen lies in the fear of imminent force. Battery, by contrast, involves the intentional and direct application of force without lawful justification. Even slight unlawful touching may amount to battery. False imprisonment protects personal liberty and means total restraint of a person without lawful justification. The restraint must be complete in the practical sense, though not necessarily by walls or locks alone; threats, authority, or physical barriers may suffice. Once detention is shown, the defendant commonly has to justify it by lawful authority. These torts are actionable because the law values personal autonomy and freedom of movement, and it does not require serious physical injury before granting a remedy.

Question 71MediumIntentional Torts Against Person

According to the passage, assault consists in:

  1. A

    Actual physical contact causing hurt

  2. B

    Reasonable apprehension of immediate unlawful force

  3. C

    Wrongful detention of goods

  4. D

    Damage to reputation

View answer and explanation

Correct answer: B. Reasonable apprehension of immediate unlawful force

The passage defines assault as creating a reasonable apprehension of immediate unlawful force, without requiring actual physical contact.

Source note: R.K. Bangia, Law of Torts

Question 72MediumIntentional Torts Against Person

Battery, according to the passage, requires:

  1. A

    Only abusive words

  2. B

    Intentional and direct application of force without lawful justification

  3. C

    A written threat

  4. D

    A public nuisance

View answer and explanation

Correct answer: B. Intentional and direct application of force without lawful justification

The passage expressly says battery involves intentional and direct application of force without lawful justification.

Source note: R.K. Bangia, Law of Torts

Question 73MediumIntentional Torts Against Person

The passage indicates that false imprisonment means:

  1. A

    Any inconvenience to movement

  2. B

    Total restraint of a person without lawful justification

  3. C

    Every arrest by police

  4. D

    Battery without injury

View answer and explanation

Correct answer: B. Total restraint of a person without lawful justification

The passage defines false imprisonment as total restraint of a person without lawful justification.

Source note: R.K. Bangia, Law of Torts

Question 74MediumIntentional Torts Against Person

According to the passage, restraint for false imprisonment may be caused by:

  1. A

    Physical barriers alone

  2. B

    Threats, authority, or physical barriers

  3. C

    Only handcuffs or locks

  4. D

    Words of criticism only

View answer and explanation

Correct answer: B. Threats, authority, or physical barriers

The passage states that threats, authority, or physical barriers may suffice to amount to the required restraint.

Source note: R.K. Bangia, Law of Torts

Question 75MediumIntentional Torts Against Person

The passage suggests that these torts are actionable because the law protects:

  1. A

    Only property interests

  2. B

    Personal autonomy and freedom of movement

  3. C

    Only contractual expectations

  4. D

    Economic rivalry in trade

View answer and explanation

Correct answer: B. Personal autonomy and freedom of movement

The passage concludes that these torts are actionable because the law values personal autonomy and freedom of movement.

Source note: R.K. Bangia, Law of Torts

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