CLAT PG question bank
CLAT PG Law of Torts questions 76-100 of 100, with answer keys and explanations covering negligence, nuisance, defamation, strict liability, vicarious liability, trespass, defences, and damages.
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Revise core LLB subjects through CLAT PG MCQs, passage-led questions, answer keys, explanations, statutes, and exam-oriented legal principles.
Malicious prosecution is a tort designed to control abuse of the criminal process. A person who sets the law in motion without proper grounds and with improper motive may become liable if the prosecution ends in favour of the accused. The plaintiff must ordinarily prove that he was prosecuted by the defendant, that the proceedings terminated in his favour, that there was no reasonable and probable cause for the prosecution, and that the defendant acted maliciously. Malice in this context does not simply mean personal anger; it means an improper purpose other than bringing an offender to justice. The law is cautious in this area because honest complainants should not be discouraged from approaching courts or law-enforcement authorities. Therefore, the mere fact that a prosecution failed does not establish malicious prosecution. The want of reasonable and probable cause, coupled with malice, is what converts use of legal process into an actionable wrong.
Contractual remedies
The criminal process
Judicial legislation
Property transfers
Correct answer: B. The criminal process
The passage opens by stating that malicious prosecution is a tort designed to control abuse of the criminal process.
Source note: R.K. Bangia, Law of Torts
Lasted for more than a year
Terminated in favour of the plaintiff
Been filed only in a magistrate's court
Resulted in imprisonment
Correct answer: B. Terminated in favour of the plaintiff
The passage says the plaintiff must ordinarily prove that the proceedings terminated in his favour.
Source note: R.K. Bangia, Law of Torts
Any irritation or personal dislike
Improper purpose other than bringing an offender to justice
Failure to prove all facts
Mere negligence by the police
Correct answer: B. Improper purpose other than bringing an offender to justice
The passage explains that malice means an improper purpose other than the genuine aim of bringing an offender to justice.
Source note: R.K. Bangia, Law of Torts
Automatically proves malicious prosecution
Has no legal relevance whatsoever
Does not by itself establish malicious prosecution
Always creates strict liability
Correct answer: C. Does not by itself establish malicious prosecution
The passage clearly states that the mere fact a prosecution failed does not establish malicious prosecution.
Source note: R.K. Bangia, Law of Torts
Want of reasonable and probable cause plus malice
A civil dispute over land
An accidental arrest
Ordinary mistake in pleadings
Correct answer: A. Want of reasonable and probable cause plus malice
The passage concludes that it is the want of reasonable and probable cause, coupled with malice, that turns legal process into an actionable wrong.
Source note: R.K. Bangia, Law of Torts
Trespass protects possession. Trespass to land consists in direct and unlawful interference with another's possession of land. It is actionable per se, so the person in possession need not prove actual damage. A defendant may commit trespass not only by entering land personally, but also by causing an object to enter it. Remaining on land after permission has been withdrawn may amount to continuing trespass. Similar principles apply to movable property. Trespass to goods consists in direct wrongful interference with goods in another's possession. Conversion is a more serious interference: it occurs where the defendant deals with goods in a manner inconsistent with the rights of the true owner, as by selling, destroying, or wrongfully retaining them as his own. Detinue, in traditional language, refers to wrongful detention of goods after demand for their return. These torts protect possessory and proprietary interests in both immovable and movable property.
Reputation
Possession of land
Only contractual rights
Public highways alone
Correct answer: B. Possession of land
The passage states that trespass protects possession and that trespass to land consists in direct and unlawful interference with another's possession of land.
Source note: R.K. Bangia, Law of Torts
Must always prove substantial actual damage
Need not prove actual damage
Must show criminal intention
Can sue only after police complaint
Correct answer: B. Need not prove actual damage
The passage expressly says trespass to land is actionable per se, so the person in possession need not prove actual damage.
Source note: R.K. Bangia, Law of Torts
Merely walks near the plaintiff's land
Deals with goods inconsistently with the owner's rights
Makes a false statement in public
Uses force to restrain a person
Correct answer: B. Deals with goods inconsistently with the owner's rights
The passage defines conversion as dealing with goods in a manner inconsistent with the rights of the true owner, such as selling or destroying them.
Source note: R.K. Bangia, Law of Torts
Wrongful detention of goods after demand for return
Entry upon another's land
Publication of defamatory matter
Strict liability for escape of dangerous things
Correct answer: A. Wrongful detention of goods after demand for return
The passage specifically states that detinue refers to wrongful detention of goods after demand for their return.
Source note: R.K. Bangia, Law of Torts
Criticises the landowner
Causes an object to enter the land
Writes a contract about the land
Sells movable goods elsewhere
Correct answer: B. Causes an object to enter the land
The passage states that trespass can be committed not only by personal entry, but also by causing an object to enter another's land.
Source note: R.K. Bangia, Law of Torts
Occupier's liability concerns the duty owed by those who have sufficient control over premises to persons who enter them. An occupier need not always be the owner; control is the central idea. Towards lawful visitors, the occupier generally owes a duty to take reasonable care to see that they are reasonably safe for the purposes for which they are invited or permitted to be there. This is not a duty to guarantee absolute safety, but a duty of reasonable care in all the circumstances. The standard may vary depending on the nature of the premises, the danger, and the character of the visitor. A warning may help the occupier discharge the duty, but only if it is enough in the circumstances to make the visitor reasonably safe. Where children are expected, more care may be required because they may not appreciate risks as adults do. Similarly, an occupier may usually expect a skilled professional to guard against risks ordinarily incident to that profession.
Ownership title alone
Sufficient control over the premises
Payment of property tax only
Occasional entry into the premises
Correct answer: B. Sufficient control over the premises
The passage says an occupier need not always be the owner; control is the central idea.
Source note: R.K. Bangia, Law of Torts
Guarantee absolute safety in every case
Take reasonable care to see that visitors are reasonably safe
Prevent every possible accident no matter what
Insure all visitors against loss
Correct answer: B. Take reasonable care to see that visitors are reasonably safe
The passage clearly states that the occupier owes a duty to take reasonable care to see that lawful visitors are reasonably safe.
Source note: R.K. Bangia, Law of Torts
A duty of reasonable care
Adjusted by the circumstances
A guarantee of absolute safety
Affected by the character of the visitor
Correct answer: C. A guarantee of absolute safety
The passage explicitly says the duty is not to guarantee absolute safety, but one of reasonable care.
Source note: R.K. Bangia, Law of Torts
Is displayed in every case regardless of effectiveness
Makes the visitor reasonably safe in the circumstances
Is spoken after the accident
Shifts all responsibility to the visitor automatically
Correct answer: B. Makes the visitor reasonably safe in the circumstances
The passage says a warning helps only if it is enough in the circumstances to make the visitor reasonably safe.
Source note: R.K. Bangia, Law of Torts
Always trespass intentionally
May not appreciate risks as adults do
Can never sue in tort
Are always treated as licensees
Correct answer: B. May not appreciate risks as adults do
The passage states that where children are expected, more care may be needed because they may not appreciate risks in the same way as adults.
Source note: R.K. Bangia, Law of Torts
The liability of the State in tort has developed through case law in India. In one line of cases, courts recognised that where the State engages in ordinary welfare, administrative, or commercial functions, it may be liable much like a private employer for torts committed by its servants. This approach is associated with decisions such as State of Rajasthan v. Vidyawati. At the same time, older cases such as Kasturi Lal maintained immunity where the impugned act was regarded as a sovereign function closely connected with the exercise of governmental power. The distinction between sovereign and non-sovereign functions has often been criticised as uncertain, yet it has historically shaped the law. Judicial officers, when acting within jurisdiction in their judicial capacity, are ordinarily protected by judicial immunity. The modern constitutional movement, especially in public law, has increasingly insisted that public power should not become a shield for arbitrariness, though private law tort remedies and public law compensation remain conceptually distinct.
Ordinary welfare, administrative, or commercial functions
Only constitutional amendment functions
Every judicial act
Only military operations
Correct answer: A. Ordinary welfare, administrative, or commercial functions
The passage says courts recognized State liability where the State engages in ordinary welfare, administrative, or commercial functions.
Source note: R.K. Bangia, Law of Torts
Rylands v. Fletcher
State of Rajasthan v. Vidyawati
Donoghue v. Stevenson
Ashby v. White
Correct answer: B. State of Rajasthan v. Vidyawati
The passage expressly associates this approach with State of Rajasthan v. Vidyawati.
Source note: R.K. Bangia, Law of Torts
A non-sovereign commercial activity
A sovereign function closely connected with governmental power
A contractual breach only
A private nuisance
Correct answer: B. A sovereign function closely connected with governmental power
The passage says Kasturi Lal maintained immunity where the act was regarded as a sovereign function closely connected with exercise of governmental power.
Source note: R.K. Bangia, Law of Torts
Too generous to plaintiffs
Uncertain
No longer mentioned anywhere
Identical to criminal law rules
Correct answer: B. Uncertain
The passage directly states that the distinction has often been criticised as uncertain.
Source note: R.K. Bangia, Law of Torts
Qualified privilege only
Judicial immunity
Vicarious liability
Strict liability
Correct answer: B. Judicial immunity
The passage clearly states that judicial officers acting within jurisdiction in their judicial capacity are ordinarily protected by judicial immunity.
Source note: R.K. Bangia, Law of Torts
The law of torts offers several remedies depending on the nature of the wrong and the plaintiff's interest. The most common remedy is damages, particularly compensatory damages designed to place the plaintiff, as far as money can do it, in the position he would have occupied had the tort not occurred. Where a legal right is infringed but no substantial loss is proved, nominal damages may be awarded to mark the violation of the right. In some exceptional cases, exemplary or punitive damages may be awarded not merely to compensate but to punish and deter oppressive or outrageous conduct. Injunction is a preventive remedy and is especially valuable where the wrongful act is continuing or threatened, as in nuisance or repeated trespass. The plaintiff is also expected to act reasonably after the wrong in order to mitigate loss; damages are not awarded for avoidable consequences that could have been reduced by reasonable steps. Thus, tort remedies are flexible, combining compensation, prevention, and in limited classes of cases, deterrence.
Imprisonment
Damages
Specific performance
Cancellation of citizenship
Correct answer: B. Damages
The passage states that the most common remedy in tort is damages, especially compensatory damages.
Source note: R.K. Bangia, Law of Torts
Punish every defendant harshly
Place the plaintiff, as far as money can, in the position he would have occupied without the tort
Reward the plaintiff for filing the suit
Replace all forms of injunction
Correct answer: B. Place the plaintiff, as far as money can, in the position he would have occupied without the tort
The passage states that compensatory damages aim to place the plaintiff, so far as money can do it, in the position he would have occupied had the tort not occurred.
Source note: R.K. Bangia, Law of Torts
Huge loss is proved
A legal right is infringed but no substantial loss is shown
The plaintiff acted fraudulently
The defendant committed a crime
Correct answer: B. A legal right is infringed but no substantial loss is shown
The passage says nominal damages may be awarded where a legal right is infringed but no substantial loss is proved.
Source note: R.K. Bangia, Law of Torts
Wholly completed and incapable of repetition
Continuing or threatened
Only contractual
Already compensated by criminal punishment
Correct answer: B. Continuing or threatened
The passage says injunction is preventive and especially valuable where the wrongful act is continuing or threatened.
Source note: R.K. Bangia, Law of Torts
Accept all loss without complaint
Take reasonable steps to reduce avoidable consequences
Never ask for injunction
Always choose punitive damages
Correct answer: B. Take reasonable steps to reduce avoidable consequences
The passage explains that the plaintiff is expected to act reasonably after the wrong to reduce avoidable consequences.
Source note: R.K. Bangia, Law of Torts