Judiciary question bank

Law of Torts MCQs for Judiciary

Judiciary Law of Torts questions 1-25 of 175, with answer keys and explanations covering negligence, nuisance, defamation, strict liability, vicarious liability, trespass, defences, and damages.

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Practice judiciary exam MCQs with answers and explanations across substantive law, procedure, evidence, constitutional law, and state judicial service subjects.

  • Assault and Battery10
  • Contributory and Composite Negligence10
  • Defamation10
  • Defamation Defences10
  • False Imprisonment10
  • General Defences10
  • Legal Damage and Maxims10
  • Malicious Prosecution10
  • Miscellaneous Economic and Personal Torts5
  • Nature and Scope of Tort10
  • Negligence20
  • Nuisance10
  • Occupier's Liability5
  • Remedies and Damages5
  • State Liability5
  • Strict and Absolute Liability10
  • Trespass to Goods5
  • Trespass to Land10
  • Vicarious Liability10
Question 1EasyNature and Scope of Tort

A tort is ordinarily remedied by:

  1. A

    Specific performance as the only remedy

  2. B

    Unliquidated damages assessed by the court

  3. C

    Automatic imprisonment of the defendant

  4. D

    Cancellation of every related contract

View answer and explanation

Correct answer: B. Unliquidated damages assessed by the court

The ordinary civil remedy in tort is damages that are assessed by the court according to the facts of the case.

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

Question 2EasyNature and Scope of Tort

Which statement best explains why tort is different from contract?

  1. A

    Tort duties are imposed by law, while contractual duties arise from agreement

  2. B

    Tort is always criminal, contract is always civil

  3. C

    Contract requires negligence, tort does not

  4. D

    There is no difference between the two

View answer and explanation

Correct answer: A. Tort duties are imposed by law, while contractual duties arise from agreement

The main distinction is that tort duties are fixed by law, while contractual duties arise because parties agreed to them.

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

Question 3MediumNature and Scope of Tort

If a person suffers only social embarrassment but no legally protected interest is violated, the law of torts will generally:

  1. A

    Grant heavy damages

  2. B

    Treat it as actionable per se

  3. C

    Require proof of invasion of a legal right before granting relief

  4. D

    Convert the matter into a criminal case

View answer and explanation

Correct answer: C. Require proof of invasion of a legal right before granting relief

Tort law protects legal rights, not every form of hurt feeling or inconvenience. There must usually be invasion of a legally protected interest.

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

Question 4EasyNature and Scope of Tort

The law of torts in India is best described as:

  1. A

    Fully codified in one comprehensive statute

  2. B

    Entirely abolished by constitutional law

  3. C

    Largely uncodified and developed through common law principles and case law

  4. D

    Confined only to commercial matters

View answer and explanation

Correct answer: C. Largely uncodified and developed through common law principles and case law

Indian tort law is still largely uncodified and has grown through judicial decisions and common law reasoning.

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

Question 5EasyNature and Scope of Tort

The central inquiry in tort law is usually whether:

  1. A

    The plaintiff is morally superior to the defendant

  2. B

    The defendant is richer than the plaintiff

  3. C

    A legally protected right or interest has been wrongfully invaded

  4. D

    The State wishes to prosecute the defendant

View answer and explanation

Correct answer: C. A legally protected right or interest has been wrongfully invaded

The focus of tort law is on wrongful invasion of a legal right or protected interest, not on moral blame alone.

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

Question 6EasyLegal Damage and Maxims

Where a legal right is violated but no actual monetary loss is proved, the situation is known as:

  1. A

    Damnum sine injuria

  2. B

    Injuria sine damnum

  3. C

    Res ipsa loquitur

  4. D

    Act of God

View answer and explanation

Correct answer: B. Injuria sine damnum

Injuria sine damnum means there is legal injury even though actual financial loss may not be proved.

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

Question 7MediumLegal Damage and Maxims

A trader losing customers because another trader opens a lawful competing business is the classic example of:

  1. A

    Injuria sine damnum

  2. B

    Strict liability

  3. C

    Damnum sine injuria

  4. D

    Battery

View answer and explanation

Correct answer: C. Damnum sine injuria

Loss caused by lawful competition may be real, but if no legal right is violated it is damnum sine injuria and generally not actionable.

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

Question 8MediumLegal Damage and Maxims

Ashby v. White is remembered because the court recognized that:

  1. A

    Negligence is actionable without damage

  2. B

    Violation of a legal right may itself justify a remedy even without proved financial loss

  3. C

    Strict liability has no exceptions

  4. D

    Defamation requires malice

View answer and explanation

Correct answer: B. Violation of a legal right may itself justify a remedy even without proved financial loss

Ashby v. White illustrates that infringement of a legal right can itself support an action even where no measurable financial loss is shown.

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

Question 9MediumLegal Damage and Maxims

The maxim ubi jus ibi remedium does not mean that:

  1. A

    Every legal right normally has a remedy

  2. B

    Every factual loss automatically creates a legal action

  3. C

    Courts generally protect recognized legal rights

  4. D

    Law does not leave infringement of legal rights wholly remediless

View answer and explanation

Correct answer: B. Every factual loss automatically creates a legal action

The maxim does not mean every kind of loss is actionable. It is tied to legal rights, not to every factual hardship.

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

Question 10EasyLegal Damage and Maxims

Which one is generally actionable in tort?

  1. A

    Lawful competition causing lower profits

  2. B

    Temporary annoyance with no right affected

  3. C

    Wrongful denial of the plaintiff's legal right

  4. D

    Every act producing emotional discomfort

View answer and explanation

Correct answer: C. Wrongful denial of the plaintiff's legal right

The key is infringement of a legal right. Mere loss, annoyance, or discomfort alone is not always enough.

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

Question 11EasyGeneral Defences

For volenti non fit injuria, the plaintiff's consent must be:

  1. A

    Forced, vague, and implied by silence in every case

  2. B

    Free and informed acceptance of the risk

  3. C

    Recorded only in writing

  4. D

    Given after the accident

View answer and explanation

Correct answer: B. Free and informed acceptance of the risk

The defence works only where the plaintiff freely and knowingly accepted the particular risk.

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

Question 12MediumGeneral Defences

Mere knowledge of danger without voluntary acceptance usually:

  1. A

    Is enough for volenti in all cases

  2. B

    Is not enough by itself for the defence

  3. C

    Creates absolute liability

  4. D

    Destroys the plaintiff's right to sue in contract

View answer and explanation

Correct answer: B. Is not enough by itself for the defence

Knowledge of danger and consent to bear that danger are not always the same. Voluntary acceptance is also required.

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

Question 13EasyGeneral Defences

A doctor performing an emergency procedure without time for formal consent to save life most strongly invokes:

  1. A

    Defamation

  2. B

    Necessity

  3. C

    Passing off

  4. D

    Conversion

View answer and explanation

Correct answer: B. Necessity

Necessity may justify an act otherwise tortious when it is reasonably done to prevent greater harm, such as saving life in an emergency.

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

Question 14EasyGeneral Defences

An inevitable accident is best described as one that:

  1. A

    Was intentionally caused

  2. B

    Could not have been prevented despite reasonable care

  3. C

    Was caused by a written contract

  4. D

    Always arises from a natural disaster

View answer and explanation

Correct answer: B. Could not have been prevented despite reasonable care

The essence of inevitable accident is that even with reasonable care, the harmful event could not have been avoided.

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

Question 15MediumGeneral Defences

The defence of act of God usually requires:

  1. A

    Any rainfall or ordinary storm

  2. B

    An extraordinary natural event beyond reasonable human foresight and control

  3. C

    An intentional wrong by a stranger

  4. D

    Government permission

View answer and explanation

Correct answer: B. An extraordinary natural event beyond reasonable human foresight and control

Act of God applies to exceptional natural forces that prudent human effort could not reasonably anticipate or prevent.

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

Question 16EasyAssault and Battery

If X suddenly raises a stick at Y from close range in a manner that creates immediate fear of being struck, X commits:

  1. A

    Conversion

  2. B

    Assault

  3. C

    Defamation

  4. D

    Detinue

View answer and explanation

Correct answer: B. Assault

Assault is complete when the plaintiff reasonably apprehends immediate unlawful force, even if no contact actually follows.

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

Question 17EasyAssault and Battery

Battery protects the plaintiff against:

  1. A

    Only serious bodily harm

  2. B

    Intentional and unlawful physical interference

  3. C

    Mere criticism

  4. D

    Economic competition

View answer and explanation

Correct answer: B. Intentional and unlawful physical interference

Battery is concerned with intentional and unlawful application of force or physical contact, even if the injury is slight.

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

Question 18EasyAssault and Battery

Which of the following is most likely battery?

  1. A

    A false rumour damaging reputation

  2. B

    Unwanted striking of a person's arm in anger

  3. C

    Blocking a public road

  4. D

    Wrongful detention of goods

View answer and explanation

Correct answer: B. Unwanted striking of a person's arm in anger

Unwanted physical striking is a classic example of battery because it is direct and unlawful physical force.

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

Question 19MediumAssault and Battery

Words alone can never be considered while deciding assault is:

  1. A

    Always true

  2. B

    Always false because assault needs publication

  3. C

    Incorrect, because words may in context increase or reduce apprehension

  4. D

    True only for police officers

View answer and explanation

Correct answer: C. Incorrect, because words may in context increase or reduce apprehension

Though assault requires apprehension of force, spoken words can matter because they may create or remove the sense of immediate danger.

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

Question 20EasyAssault and Battery

The key distinction is that assault concerns:

  1. A

    Damage to movable property

  2. B

    Fear of immediate force, while battery concerns actual force

  3. C

    Contractual liability

  4. D

    Injury to reputation

View answer and explanation

Correct answer: B. Fear of immediate force, while battery concerns actual force

Assault deals with the apprehension of immediate force; battery deals with the actual application of force.

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

Question 21EasyFalse Imprisonment

If all exits of a room are locked and a person is intentionally kept inside without lawful justification, the wrong is:

  1. A

    False imprisonment

  2. B

    Defamation

  3. C

    Private nuisance

  4. D

    Detinue

View answer and explanation

Correct answer: A. False imprisonment

False imprisonment means total restraint of personal liberty without lawful authority.

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

Question 22MediumFalse Imprisonment

For false imprisonment, the restraint must generally be:

  1. A

    Partial and inconvenient only

  2. B

    Total in a practical sense

  3. C

    For at least twenty-four hours

  4. D

    By police officers alone

View answer and explanation

Correct answer: B. Total in a practical sense

The restraint must be total in the practical sense. Mere obstruction of one route is not enough if reasonable exit remains open.

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

Question 23MediumFalse Imprisonment

Once the plaintiff proves detention, the defendant commonly must show:

  1. A

    That the plaintiff is unpopular

  2. B

    That the detention was justified by lawful authority

  3. C

    That no contract existed

  4. D

    That some third person approved it informally

View answer and explanation

Correct answer: B. That the detention was justified by lawful authority

After detention is shown, the defendant generally has to justify it by pointing to lawful authority or legal excuse.

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

Question 24EasyFalse Imprisonment

A shopkeeper who wrongly locks a customer inside overnight merely on suspicion without legal process may be liable for:

  1. A

    Strict liability

  2. B

    False imprisonment

  3. C

    Passing off

  4. D

    Malicious prosecution only

View answer and explanation

Correct answer: B. False imprisonment

Wrongful confinement without lawful justification is false imprisonment.

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

Question 25EasyFalse Imprisonment

The tort protects primarily:

  1. A

    Commercial goodwill

  2. B

    Freedom of movement and personal liberty

  3. C

    Only property ownership

  4. D

    Political speech

View answer and explanation

Correct answer: B. Freedom of movement and personal liberty

False imprisonment is meant to protect personal liberty and freedom of movement.

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

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