Judiciary question bank

Law of Torts MCQs for Judiciary, Page 5

Judiciary Law of Torts questions 101-125 of 175, with answer keys and explanations covering negligence, nuisance, defamation, strict liability, vicarious liability, trespass, defences, and damages.

175 questions19 topics101-125 on this page
Start adaptive practiceBrowse Judiciary

Coverage

Topics in this subject

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 101EasyMalicious Prosecution

One essential requirement in malicious prosecution is that the earlier proceedings must have:

  1. A

    Ended in favour of the plaintiff

  2. B

    Lasted for more than one year

  3. C

    Been civil proceedings only

  4. D

    Resulted in imprisonment only

View answer and explanation

Correct answer: A. Ended in favour of the plaintiff

A plaintiff must show that the previous prosecution terminated in his favour. Without that, the claim is premature.

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

Question 102MediumMalicious Prosecution

In malicious prosecution, the plaintiff must prove the defendant acted:

  1. A

    With probable cause and caution

  2. B

    Without reasonable and probable cause

  3. C

    Under a contract

  4. D

    For public benefit only

View answer and explanation

Correct answer: B. Without reasonable and probable cause

The plaintiff must show the prosecution lacked reasonable grounds. Honest and reasonable suspicion usually defeats the claim.

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

Question 103MediumMalicious Prosecution

Malice in malicious prosecution means:

  1. A

    Any personal dislike only

  2. B

    Improper motive other than bringing an offender to justice

  3. C

    Mere negligence

  4. D

    Only physical violence

View answer and explanation

Correct answer: B. Improper motive other than bringing an offender to justice

Malice here means an improper purpose, such as spite or pressure, rather than a genuine wish to enforce the law.

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

Question 104EasyMalicious Prosecution

If both malice and want of reasonable cause are absent, the action for malicious prosecution will:

  1. A

    Still succeed

  2. B

    Fail

  3. C

    Turn into defamation automatically

  4. D

    Become strict liability

View answer and explanation

Correct answer: B. Fail

Both lack of reasonable cause and malice are important ingredients. If the prosecution was honest and reasonable, the action fails.

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

Question 105EasyMalicious Prosecution

The tort of malicious prosecution mainly protects a person against:

  1. A

    Lawful criticism

  2. B

    Improper use of criminal process

  3. C

    Lawful competition

  4. D

    Acts of God

View answer and explanation

Correct answer: B. Improper use of criminal process

This tort exists to prevent abuse of legal process through baseless and malicious criminal proceedings.

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

Question 106EasyDefamation

Defamation in tort means:

  1. A

    Any statement that annoys a person

  2. B

    A false statement which lowers a person's reputation in the eyes of others

  3. C

    A statement made only to the plaintiff himself

  4. D

    Only a statement printed in a newspaper

View answer and explanation

Correct answer: B. A false statement which lowers a person's reputation in the eyes of others

Defamation protects reputation. The statement must tend to make others think less of the plaintiff.

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

Question 107EasyDefamation

Publication in defamation requires communication of the defamatory matter:

  1. A

    To the plaintiff alone

  2. B

    To at least one person other than the plaintiff

  3. C

    Only to a judge

  4. D

    Only on social media

View answer and explanation

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

There is no defamation without publication to a third person. Reputation is what others think of a person.

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

Question 108EasyDefamation

Truth in a civil action for defamation is generally:

  1. A

    No defence at all

  2. B

    A complete defence

  3. C

    A defence only if the plaintiff is a public official

  4. D

    Relevant only in criminal law

View answer and explanation

Correct answer: B. A complete defence

In civil defamation, a substantially true statement generally provides a complete defence because the law does not protect false reputation.

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

Question 109MediumDefamation

A statement may be defamatory even without naming the plaintiff if:

  1. A

    The plaintiff is a government servant

  2. B

    Reasonable persons can identify that the statement refers to the plaintiff

  3. C

    The defendant later apologises

  4. D

    The plaintiff is famous

View answer and explanation

Correct answer: B. Reasonable persons can identify that the statement refers to the plaintiff

It is enough if people who know the surrounding facts can understand that the words refer to the plaintiff.

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

Question 110MediumDefamation

A person who repeats a defamatory statement made by someone else:

  1. A

    Is never liable

  2. B

    May be liable for fresh publication

  3. C

    Is liable only if paid money

  4. D

    Cannot be sued in tort

View answer and explanation

Correct answer: B. May be liable for fresh publication

Repeating or forwarding defamatory material can amount to a fresh publication. One cannot escape by saying someone else said it first.

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

Question 111MediumDefamation Defences

Absolute privilege is most clearly available in:

  1. A

    Statements made in judicial proceedings

  2. B

    Every workplace conversation

  3. C

    Every newspaper report

  4. D

    All political speeches outside the House

View answer and explanation

Correct answer: A. Statements made in judicial proceedings

Certain occasions such as judicial proceedings enjoy absolute privilege. On such occasions, even malicious statements may be protected.

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

Question 112MediumDefamation Defences

Qualified privilege generally protects statements made:

  1. A

    With a legal, social, or moral duty to a person having a corresponding interest

  2. B

    For gossip among strangers

  3. C

    To increase sales

  4. D

    With clear knowledge of falsity

View answer and explanation

Correct answer: A. With a legal, social, or moral duty to a person having a corresponding interest

Qualified privilege protects honest communication made on a proper occasion where duty and interest are present.

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

Question 113MediumDefamation Defences

Fair comment is a defence when the statement is:

  1. A

    A false statement of fact

  2. B

    An honest opinion on a matter of public interest based on true facts

  3. C

    A secret threat

  4. D

    A forged document

View answer and explanation

Correct answer: B. An honest opinion on a matter of public interest based on true facts

Fair comment protects opinion, not false factual allegations. The comment must relate to public interest and be honestly made.

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

Question 114EasyDefamation Defences

Which of the following is most likely a defence to defamation?

  1. A

    Truth

  2. B

    Conversion

  3. C

    Battery

  4. D

    Detinue

View answer and explanation

Correct answer: A. Truth

Truth is one of the main civil defences to defamation. The others listed are separate torts.

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

Question 115MediumDefamation Defences

The defence of fair comment fails if the comment is shown to be:

  1. A

    Harsh

  2. B

    Unpopular

  3. C

    Not honestly held and made with malice

  4. D

    About public conduct

View answer and explanation

Correct answer: C. Not honestly held and made with malice

The law protects honest comment, not bad-faith attacks disguised as opinion. Malice can destroy the defence.

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

Question 116EasyNegligence

Negligence in tort generally requires proof of:

  1. A

    Duty, breach, and resulting damage

  2. B

    Contract, offer, and acceptance

  3. C

    Publication and malice only

  4. D

    Escape and non-natural use only

View answer and explanation

Correct answer: A. Duty, breach, and resulting damage

A negligence claim usually needs three basics: a duty of care, breach of that duty, and damage caused by the breach.

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

Question 117EasyNegligence

The neighbour principle is associated with:

  1. A

    Rylands v. Fletcher

  2. B

    Donoghue v. Stevenson

  3. C

    Ashby v. White

  4. D

    Gloucester Grammar School case

View answer and explanation

Correct answer: B. Donoghue v. Stevenson

Donoghue v. Stevenson laid down the neighbour principle, which widened the idea of duty of care in negligence.

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

Question 118EasyNegligence

The standard generally used to judge breach of duty is that of:

  1. A

    The most careful person imaginable

  2. B

    An ordinary reasonable person

  3. C

    The plaintiff's personal expectation

  4. D

    A criminal court judge

View answer and explanation

Correct answer: B. An ordinary reasonable person

The law compares the defendant's conduct with what a reasonable and prudent person would have done in similar circumstances.

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

Question 119MediumNegligence

A doctor is usually judged by the standard of:

  1. A

    The patient's opinion

  2. B

    A reasonable person with ordinary prudence only

  3. C

    A reasonably competent professional in that field

  4. D

    Strict liability

View answer and explanation

Correct answer: C. A reasonably competent professional in that field

Professionals are judged by the standard of a reasonably competent professional of that class, not by absolute perfection.

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

Question 120MediumNegligence

In a negligence action, if no damage is proved, the claim will generally:

  1. A

    Still succeed because breach alone is enough

  2. B

    Fail because negligence is actionable only on proof of damage

  3. C

    Automatically become assault

  4. D

    Become malicious prosecution

View answer and explanation

Correct answer: B. Fail because negligence is actionable only on proof of damage

Unlike some torts actionable per se, negligence usually requires actual damage. Mere careless conduct without damage is generally not enough.

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

Question 121EasyNegligence

Res ipsa loquitur means:

  1. A

    The law excuses every accident

  2. B

    The thing speaks for itself

  3. C

    The plaintiff always wins

  4. D

    Damage without injury

View answer and explanation

Correct answer: B. The thing speaks for itself

The doctrine applies where the circumstances strongly suggest negligence, so the event itself becomes evidence of careless conduct.

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

Question 122MediumNegligence

Res ipsa loquitur usually helps the plaintiff by:

  1. A

    Eliminating the need to prove damage

  2. B

    Creating an evidential inference of negligence

  3. C

    Converting tort into crime

  4. D

    Making liability absolute

View answer and explanation

Correct answer: B. Creating an evidential inference of negligence

The doctrine does not create automatic liability. It allows the court to infer negligence unless the defendant gives a satisfactory explanation.

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

Question 123MediumNegligence

The Wagon Mound principle is mainly connected with:

  1. A

    Duty of care

  2. B

    Remoteness of damage

  3. C

    Defamation

  4. D

    Detinue

View answer and explanation

Correct answer: B. Remoteness of damage

The Wagon Mound emphasizes that damage must be of a reasonably foreseeable kind for liability in negligence.

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

Question 124MediumNegligence

Under the thin skull rule, a defendant must:

  1. A

    Compensate only average injury

  2. B

    Take the victim as found

  3. C

    Avoid liability where the plaintiff is unusually weak

  4. D

    Pay only nominal damages

View answer and explanation

Correct answer: B. Take the victim as found

If the plaintiff is unusually vulnerable, the defendant is still liable for the full extent of harm actually caused once the kind of harm was foreseeable.

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

Question 125EasyNegligence

If a bus driver drives at excessive speed through a crowded market and injures a pedestrian, the strongest tort claim is:

  1. A

    Defamation

  2. B

    Negligence

  3. C

    Detinue

  4. D

    Passing off

View answer and explanation

Correct answer: B. Negligence

The facts show lack of reasonable care in a situation where harm was clearly foreseeable. That is a classic negligence claim.

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

Continue revision

ADR and Arbitration55 questions with explanationsBSA240 questions with explanationsCode of Civil Procedure 1908160 questions with explanationsConstitutional Law200 questions with explanationsCriminal Law (BNS 2023)175 questions with explanationsEnvironmental Law120 questions with explanations