Judiciary question bank

Law of Torts MCQs for Judiciary, Page 7

Judiciary Law of Torts questions 151-175 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 151EasyTrespass to Goods

Trespass to goods mainly involves:

  1. A

    Interference with movable property in possession of another

  2. B

    Interference with land

  3. C

    Interference with reputation

  4. D

    Wrongful prosecution

View answer and explanation

Correct answer: A. Interference with movable property in possession of another

Trespass to goods protects possession of movable property against direct wrongful interference.

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

Question 152MediumTrespass to Goods

Conversion is best described as:

  1. A

    A lawful custody of goods

  2. B

    A dealing with goods in a manner inconsistent with the rights of the owner

  3. C

    A minor touching another's book

  4. D

    Every delay in delivery

View answer and explanation

Correct answer: B. A dealing with goods in a manner inconsistent with the rights of the owner

Conversion occurs when the defendant deals with goods as if they were his own or otherwise denies the plaintiff's rights in them.

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

Question 153MediumTrespass to Goods

Detinue consists of:

  1. A

    Wrongful detention of goods after a proper demand for return

  2. B

    Wrongful publication of goods

  3. C

    Entry on land by force

  4. D

    A lawful pledge only

View answer and explanation

Correct answer: A. Wrongful detention of goods after a proper demand for return

Detinue focuses on wrongful detention. The plaintiff seeks return of the goods or their value and compensation for detention.

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

Question 154MediumTrespass to Goods

A finder of lost goods has rights against:

  1. A

    Everyone including the true owner

  2. B

    No one

  3. C

    Everyone except the true owner and persons with a better title

  4. D

    Only the police

View answer and explanation

Correct answer: C. Everyone except the true owner and persons with a better title

A finder does not become the absolute owner, but does get a possessory title good against the world except the true owner or someone with better title.

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

Question 155MediumTrespass to Goods

If a bailee refuses without lawful excuse to return goods to the bailor after demand, the wrong may amount to:

  1. A

    Defamation

  2. B

    Detinue or conversion

  3. C

    Assault

  4. D

    Nuisance

View answer and explanation

Correct answer: B. Detinue or conversion

Wrongful refusal to return goods after demand usually points to detention or conversion because it denies the owner's rights.

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

Question 156EasyOccupier's Liability

An occupier is a person who:

  1. A

    Always owns the land

  2. B

    Has sufficient control over the premises

  3. C

    Only collects rent

  4. D

    Visits occasionally

View answer and explanation

Correct answer: B. Has sufficient control over the premises

Occupier's liability depends on control, not necessarily ownership. A tenant, manager, or other controller may be the occupier.

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

Question 157EasyOccupier's Liability

The duty of an occupier towards lawful visitors is generally to:

  1. A

    Guarantee absolute safety in every situation

  2. B

    Take reasonable care to see that visitors are reasonably safe

  3. C

    Insure every visitor against all loss

  4. D

    Avoid all contact with visitors

View answer and explanation

Correct answer: B. Take reasonable care to see that visitors are reasonably safe

The occupier is not an insurer. The duty is one of reasonable care in relation to the state of premises and activities there.

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

Question 158MediumOccupier's Liability

A warning given by an occupier will discharge his duty only if the warning:

  1. A

    Is shouted from a distance

  2. B

    Makes the visitor reasonably safe in the circumstances

  3. C

    Is written in very small print

  4. D

    Is given after the accident

View answer and explanation

Correct answer: B. Makes the visitor reasonably safe in the circumstances

A warning is enough only when it effectively makes the visitor reasonably safe. A useless or vague warning is not enough.

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

Question 159EasyOccupier's Liability

An occupier usually owes a higher degree of care where the visitor is:

  1. A

    A professional thief

  2. B

    A child

  3. C

    A newspaper reporter

  4. D

    A tax officer

View answer and explanation

Correct answer: B. A child

Children may not appreciate danger in the same way as adults. So reasonable care may require extra precautions where children are expected.

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

Question 160EasyOccupier's Liability

If a cinema hall leaves an unguarded open pit near the entry and a customer falls into it, the strongest claim is likely:

  1. A

    Occupier's liability based on negligence

  2. B

    Defamation

  3. C

    False imprisonment

  4. D

    Passing off

View answer and explanation

Correct answer: A. Occupier's liability based on negligence

The facts suggest failure to maintain reasonably safe premises for lawful visitors. That is a classic occupier's liability problem.

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

Question 161MediumState Liability

In India, the State may be liable in tort for negligence committed in the course of:

  1. A

    Non-sovereign functions

  2. B

    Only legislative debates

  3. C

    Every judicial decision

  4. D

    Only constitutional amendments

View answer and explanation

Correct answer: A. Non-sovereign functions

Indian law has moved toward holding the State liable for torts arising out of non-sovereign or ordinary welfare and administrative functions.

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

Question 162MediumState Liability

State of Rajasthan v. Vidyawati is remembered mainly for:

  1. A

    Expanding strict liability

  2. B

    Recognizing State liability for negligence in a non-sovereign function

  3. C

    Abolishing defamation

  4. D

    Creating the doctrine of absolute privilege

View answer and explanation

Correct answer: B. Recognizing State liability for negligence in a non-sovereign function

In Vidyawati, the State was held liable for negligence connected with a government jeep driver, treated as a non-sovereign function.

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

Question 163MediumState Liability

Kasturi Lal case is commonly associated with:

  1. A

    Broad denial of any State liability in all cases

  2. B

    The distinction between sovereign and non-sovereign functions

  3. C

    The abolition of vicarious liability

  4. D

    Consumer protection

View answer and explanation

Correct answer: B. The distinction between sovereign and non-sovereign functions

Kasturi Lal is important because it discussed sovereign immunity and distinguished sovereign from non-sovereign functions.

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

Question 164MediumState Liability

Judicial acts done within jurisdiction are generally protected by:

  1. A

    Absolute judicial immunity

  2. B

    Strict liability

  3. C

    Private nuisance

  4. D

    No defence at all

View answer and explanation

Correct answer: A. Absolute judicial immunity

Judges are generally protected for judicial acts done within jurisdiction so that they can decide independently without fear of personal suits.

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

Question 165EasyState Liability

If a government driver negligently causes an accident while performing routine transport duty, the issue is most directly one of:

  1. A

    State tort liability for a non-sovereign function

  2. B

    Defamation

  3. C

    Absolute privilege

  4. D

    Act of God

View answer and explanation

Correct answer: A. State tort liability for a non-sovereign function

Routine transport and administrative work is usually treated as non-sovereign. So the State may be liable for the employee's negligence.

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

Question 166MediumMiscellaneous Economic and Personal Torts

To succeed in deceit, the plaintiff must prove a false representation made:

  1. A

    Innocently and casually

  2. B

    Knowingly, or without belief in its truth, with intent that it be acted upon

  3. C

    Only by a public servant

  4. D

    Only in writing

View answer and explanation

Correct answer: B. Knowingly, or without belief in its truth, with intent that it be acted upon

Deceit is fraud. The false statement must be made dishonestly or recklessly, and the plaintiff must act on it and suffer loss.

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

Question 167MediumMiscellaneous Economic and Personal Torts

Passing off mainly protects:

  1. A

    Possession of land

  2. B

    Commercial goodwill against misrepresentation

  3. C

    Freedom from arrest

  4. D

    Strict liability rights

View answer and explanation

Correct answer: B. Commercial goodwill against misrepresentation

Passing off prevents one trader from misrepresenting goods or business as those of another and thereby damaging the other's goodwill.

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

Question 168MediumMiscellaneous Economic and Personal Torts

A claim for nervous shock generally requires proof of:

  1. A

    Mere sorrow or normal grief

  2. B

    Recognizable psychiatric injury

  3. C

    Loss of a contract only

  4. D

    Publication to a third person

View answer and explanation

Correct answer: B. Recognizable psychiatric injury

The law generally requires a medically recognizable psychiatric illness or condition, not ordinary grief or distress alone.

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

Question 169EasyMiscellaneous Economic and Personal Torts

If a shopkeeper uses packaging deceptively similar to another established trader and confuses customers, the likely tort is:

  1. A

    Passing off

  2. B

    False imprisonment

  3. C

    Battery

  4. D

    Detinue

View answer and explanation

Correct answer: A. Passing off

Passing off is aimed at preventing deceptive misrepresentation that damages another trader's goodwill and confuses the public.

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

Question 170MediumMiscellaneous Economic and Personal Torts

A false statement honestly believed to be true will usually defeat an action for:

  1. A

    Deceit

  2. B

    Battery

  3. C

    Trespass to land

  4. D

    False imprisonment

View answer and explanation

Correct answer: A. Deceit

Deceit requires fraudulent intention or recklessness. Honest belief in truth, even if mistaken, usually defeats the tort of deceit.

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

Question 171EasyRemedies and Damages

The main object of compensatory damages in tort is to:

  1. A

    Punish every defendant severely

  2. B

    Place the plaintiff, as far as money can, in the position he would have been in if the tort had not occurred

  3. C

    Reward the plaintiff for approaching the court

  4. D

    Confiscate all property of the defendant

View answer and explanation

Correct answer: B. Place the plaintiff, as far as money can, in the position he would have been in if the tort had not occurred

Compensation is meant to repair the loss as far as money can do so. It is not automatically meant to punish.

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

Question 172EasyRemedies and Damages

Nominal damages are awarded where:

  1. A

    The plaintiff proves huge financial loss

  2. B

    A legal right is violated but no substantial loss is proved

  3. C

    The court wants to imprison the defendant

  4. D

    The claim is frivolous

View answer and explanation

Correct answer: B. A legal right is violated but no substantial loss is proved

Nominal damages recognize that a legal right was infringed even though substantial actual loss is not shown.

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

Question 173MediumRemedies and Damages

Exemplary damages are awarded:

  1. A

    In every negligence case

  2. B

    Only in limited classes of cases where punishment or deterrence is justified

  3. C

    Whenever the plaintiff asks for them

  4. D

    Only in contract cases

View answer and explanation

Correct answer: B. Only in limited classes of cases where punishment or deterrence is justified

Exemplary damages are exceptional. They go beyond compensation and are awarded only in limited situations recognized by law.

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

Question 174EasyRemedies and Damages

An injunction is especially useful where the plaintiff wants to:

  1. A

    Recover a debt under a contract only

  2. B

    Prevent continuation or repetition of a wrongful act

  3. C

    Obtain a criminal conviction

  4. D

    Avoid paying court fees

View answer and explanation

Correct answer: B. Prevent continuation or repetition of a wrongful act

An injunction is a preventive remedy. It is commonly used in nuisance, trespass, and similar continuing or threatened wrongs.

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

Question 175EasyRemedies and Damages

The rule of mitigation of damages means that the plaintiff must:

  1. A

    Accept every loss without complaint

  2. B

    Take reasonable steps to reduce the loss after the tort

  3. C

    Never seek an injunction

  4. D

    Always forgive the defendant

View answer and explanation

Correct answer: B. Take reasonable steps to reduce the loss after the tort

The plaintiff cannot recover avoidable loss caused by his own unreasonable inaction after the wrong. He must act reasonably to limit the damage.

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

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