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Law of Torts MCQs for Judiciary, Page 4

Judiciary Law of Torts questions 76-100 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 76EasyNature and Scope of Tort

A tort is best described as:

  1. A

    A criminal wrong prosecuted by the State

  2. B

    A civil wrong for which the usual remedy is unliquidated damages

  3. C

    A breach of contract between two parties

  4. D

    A moral wrong with no legal consequence

View answer and explanation

Correct answer: B. A civil wrong for which the usual remedy is unliquidated damages

A tort is a civil wrong. The usual remedy is compensation decided by the court according to the facts, not a fixed sum agreed in advance.

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

Question 77EasyNature and Scope of Tort

In an action in tort, damages are generally:

  1. A

    Pre-fixed by the parties

  2. B

    Punishment imposed by the State only

  3. C

    Unliquidated and assessed by the court

  4. D

    Always nominal

View answer and explanation

Correct answer: C. Unliquidated and assessed by the court

Damages in tort are usually unliquidated. This means the amount is not fixed beforehand and is assessed by the court.

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

Question 78EasyNature and Scope of Tort

Which of the following is a key feature of the law of torts in India?

  1. A

    It is fully codified in one statute

  2. B

    It is largely based on common law principles and judicial decisions

  3. C

    It applies only when there is a contract

  4. D

    It has replaced criminal law

View answer and explanation

Correct answer: B. It is largely based on common law principles and judicial decisions

Indian tort law is still largely uncodified. Courts rely heavily on common law principles, judicial reasoning, and limited statutory interventions.

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

Question 79EasyNature and Scope of Tort

The primary aim of the law of torts is to:

  1. A

    Send every wrongdoer to prison

  2. B

    Enforce promises made in contracts

  3. C

    Provide a remedy for the violation of private legal rights

  4. D

    Collect revenue for the State

View answer and explanation

Correct answer: C. Provide a remedy for the violation of private legal rights

Tort law mainly protects private rights and gives compensation or another civil remedy when those rights are violated.

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

Question 80EasyNature and Scope of Tort

A tort differs from a crime mainly because a tort is ordinarily:

  1. A

    A public wrong against society at large

  2. B

    A civil wrong against an individual or a determinate class of persons

  3. C

    Triable only by a sessions court

  4. D

    Punishable only by imprisonment

View answer and explanation

Correct answer: B. A civil wrong against an individual or a determinate class of persons

A crime is treated as a public wrong against society. A tort is generally a civil wrong affecting a person or a limited group.

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

Question 81EasyLegal Damage and Maxims

The maxim ubi jus ibi remedium means:

  1. A

    Every injury must be punished criminally

  2. B

    Where there is a legal right, there is a legal remedy

  3. C

    No person can be a judge in his own cause

  4. D

    An act of God excuses all wrongs

View answer and explanation

Correct answer: B. Where there is a legal right, there is a legal remedy

The maxim means that when the law recognizes a right, it usually also provides some remedy if that right is violated.

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

Question 82MediumLegal Damage and Maxims

Ashby v. White is the classic illustration of:

  1. A

    Damnum sine injuria

  2. B

    Strict liability

  3. C

    Injuria sine damnum

  4. D

    Vicarious liability

View answer and explanation

Correct answer: C. Injuria sine damnum

In Ashby v. White, the plaintiff's legal right to vote was violated. Even without proving actual financial loss, he had a cause of action.

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

Question 83EasyLegal Damage and Maxims

Damnum sine injuria means:

  1. A

    Damage without legal injury

  2. B

    Injury without any damage

  3. C

    Damage caused by negligence

  4. D

    Damage caused by fraud

View answer and explanation

Correct answer: A. Damage without legal injury

Damnum sine injuria means actual loss or harm without the violation of any legal right. Such loss alone is not actionable.

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

Question 84MediumLegal Damage and Maxims

Gloucester Grammar School case is commonly cited for:

  1. A

    Malicious prosecution

  2. B

    Injuria sine damnum

  3. C

    Damnum sine injuria

  4. D

    Absolute liability

View answer and explanation

Correct answer: C. Damnum sine injuria

In that case, the plaintiff suffered monetary loss due to lawful competition, but no legal right was violated. So it was damnum sine injuria.

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

Question 85EasyLegal Damage and Maxims

If a person's lawful business competition causes loss to another trader, the loss is generally:

  1. A

    Always actionable because loss is proved

  2. B

    Actionable only if the loss is very high

  3. C

    Not actionable if no legal right is infringed

  4. D

    A criminal offence

View answer and explanation

Correct answer: C. Not actionable if no legal right is infringed

Loss caused by lawful competition is generally not actionable. The law requires violation of a legal right, not merely proof of loss.

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

Question 86EasyGeneral Defences

The maxim volenti non fit injuria is based on:

  1. A

    Negligence of the plaintiff

  2. B

    Consent of the plaintiff

  3. C

    Public necessity

  4. D

    Private defence

View answer and explanation

Correct answer: B. Consent of the plaintiff

The defence applies when the plaintiff freely and knowingly agreed to run the risk. A willing person cannot later complain of that very risk.

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

Question 87MediumGeneral Defences

For the defence of volenti non fit injuria to succeed, the defendant must show that the plaintiff:

  1. A

    Was poor and helpless

  2. B

    Had some opportunity to leave the place

  3. C

    Knowingly and freely consented to the risk

  4. D

    Could have sued someone else

View answer and explanation

Correct answer: C. Knowingly and freely consented to the risk

The consent must be real, free, and informed. Mere knowledge of danger is not always enough unless it also shows voluntary acceptance of the risk.

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

Question 88MediumGeneral Defences

Which of the following is the best example of inevitable accident?

  1. A

    A driver intentionally hits a pedestrian

  2. B

    A carefully driven vehicle skids due to a sudden mechanical failure that could not reasonably have been detected

  3. C

    A person publishes a false statement knowingly

  4. D

    A landowner keeps explosives carelessly

View answer and explanation

Correct answer: B. A carefully driven vehicle skids due to a sudden mechanical failure that could not reasonably have been detected

An inevitable accident is one that could not be avoided even with reasonable care. It is different from negligence.

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

Question 89EasyGeneral Defences

An act of God as a defence usually requires an event that is:

  1. A

    Caused by ordinary human negligence

  2. B

    Natural, extraordinary, and beyond human foresight or control

  3. C

    Planned by the government

  4. D

    Connected with a contract

View answer and explanation

Correct answer: B. Natural, extraordinary, and beyond human foresight or control

The defence applies to extraordinary natural forces such as exceptional floods or storms that human care could not reasonably prevent.

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

Question 90EasyGeneral Defences

The defence of necessity may justify an act which would otherwise be a tort when the act is done:

  1. A

    To earn more profit

  2. B

    To avoid a greater harm

  3. C

    To annoy another person

  4. D

    To punish a stranger

View answer and explanation

Correct answer: B. To avoid a greater harm

Necessity may excuse what would otherwise be a wrongful act if it was reasonably done to prevent a greater danger or harm.

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

Question 91EasyAssault and Battery

Assault in tort is:

  1. A

    Actual physical contact causing hurt

  2. B

    Reasonable apprehension of immediate unlawful force

  3. C

    Every insulting word

  4. D

    Only a criminal offence

View answer and explanation

Correct answer: B. Reasonable apprehension of immediate unlawful force

Assault is about creating a reasonable fear of immediate unlawful force. Physical contact is not necessary for assault.

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

Question 92EasyAssault and Battery

Battery is committed when there is:

  1. A

    Lawful touching with consent

  2. B

    Mere abusive language

  3. C

    Intentional and direct application of force without lawful justification

  4. D

    Only severe bodily injury

View answer and explanation

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

Battery means intentional physical contact or force without legal justification. Even slight unlawful touching may be enough.

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

Question 93MediumAssault and Battery

Which statement is correct regarding assault?

  1. A

    Physical contact is essential

  2. B

    Mere words can never have any relevance

  3. C

    There must be a reasonable apprehension of immediate force

  4. D

    Assault and battery are exactly the same

View answer and explanation

Correct answer: C. There must be a reasonable apprehension of immediate force

Assault is complete if the plaintiff reasonably fears immediate unlawful force. Physical contact belongs to battery, not assault.

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

Question 94EasyAssault and Battery

Pointing a loaded gun at a person from close range with apparent ability to fire is most likely:

  1. A

    A battery only

  2. B

    An assault

  3. C

    A nuisance

  4. D

    Defamation

View answer and explanation

Correct answer: B. An assault

The act creates a reasonable apprehension of immediate force. That is the essence of assault.

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

Question 95EasyAssault and Battery

Unlawful physical contact without actual injury may still be actionable as:

  1. A

    Battery

  2. B

    Malicious prosecution

  3. C

    Conspiracy

  4. D

    Negligence only

View answer and explanation

Correct answer: A. Battery

Battery protects bodily security. So even contact without visible injury may still be actionable if it is unlawful.

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

Question 96EasyFalse Imprisonment

False imprisonment means:

  1. A

    Wrongful confinement of a person without lawful justification

  2. B

    Defaming a person in public

  3. C

    Threatening a person with force only

  4. D

    Causing financial loss by competition

View answer and explanation

Correct answer: A. Wrongful confinement of a person without lawful justification

False imprisonment is total restraint on personal liberty without lawful authority. The essence is unlawful confinement.

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

Question 97MediumFalse Imprisonment

For false imprisonment, the restraint must be:

  1. A

    Partial restraint only

  2. B

    Total restraint of liberty

  3. C

    By physical force alone

  4. D

    For more than twenty-four hours

View answer and explanation

Correct answer: B. Total restraint of liberty

The restraint must substantially prevent the person from leaving in every practical direction. Mere inconvenience or partial obstruction is not enough.

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

Question 98MediumFalse Imprisonment

In modern tort law, awareness of restraint at the very moment of confinement is:

  1. A

    Always essential

  2. B

    Not always essential

  3. C

    Relevant only in contract cases

  4. D

    Required only for minors

View answer and explanation

Correct answer: B. Not always essential

A person may succeed even if not aware of the confinement at the exact time, so long as unlawful restraint is proved.

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

Question 99MediumFalse Imprisonment

In an action for false imprisonment, the burden usually lies on the defendant to prove:

  1. A

    That the plaintiff suffered no mental pain

  2. B

    That the detention was legally justified

  3. C

    That the plaintiff was wealthy

  4. D

    That the police approved the act informally

View answer and explanation

Correct answer: B. That the detention was legally justified

Once restraint is shown, the defendant usually has to justify it by pointing to lawful authority such as arrest, warrant, or statutory power.

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

Question 100EasyFalse Imprisonment

If a person is lawfully arrested under a valid warrant, a tort action for false imprisonment will generally:

  1. A

    Succeed automatically

  2. B

    Fail unless the arrest is otherwise shown to be unlawful

  3. C

    Become a criminal prosecution

  4. D

    Turn into a contract suit

View answer and explanation

Correct answer: B. Fail unless the arrest is otherwise shown to be unlawful

Lawful authority is a complete answer to false imprisonment. The plaintiff must show the confinement lacked legal justification.

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

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