1. Tort is redressible by an action
(a) for unliquidated damages
(b) for restoration of original position
(c) for liquidated damages
(d) either (a) or (c).
2. The maxim volenti non fit injuria means
(a) voluntarily suffered injury is not fit for action
(b) no breach of a legal right is committed against one who is a willing party
(c) harm suffered voluntarily does not constitute an injury and is not actionable
(d) all the above.
3. Inevitable accident means
(a) an Act of God
(b) an unexpected injury which could not have been foreseen and avoided
(c) an unexpected injury which could have been foreseen and avoided
(d) both (a) and (b).
4. Consider the following statements:
1. A circus company keeps wild animals and tames them. One of them escapes and causes injury to a spectator. Company is not liable
2. A person who brings and keeps any dangerous thing, keeps it at his risk. If it escapes and causes damage, he is liable.
Of these statements
(a) both 1 and 2 are true
(b) both 1 and 2 are false
(c) 1 is true, but 2 is false
(d) 1 is false, but 2 is true.
5. An employer is liable for the acts of independent contractors if
(a) the employer authorises doing an illegal act by the independent contractor
(b) the employer subsequently satisfies the act of independent contractor
(c) there is a strict liability
(d) all the above.
6. ‘B’ asked his friend ‘C’ to drive his (B’s) car. ‘C’ drives and causes an accident with another car of ‘D’. In an action brought by ‘D’
(a) ‘B’ alone is liable as ‘C’ was acting under his direction
(b) ‘B’ is not liable as ‘C’ is not his servant
(c) ‘C’ is not liable as he was driving the car at ‘B’s instructions
(d) ‘B’ and ‘C’ both are liable by the rule of vicarious liability.
7. Match List I with List II and select the correct answer using the codes given below:
List I
(Principle)
(a) Damnum sine injuria
(b) Absolute Liability
(c) Injuria sine damnum
(d) Inevitable accident
List II
(Associated case)
1. Ashby v. White
2. Gloucester Grammar School
3. Stanely v. Powel
4. Rylands v. Fletcher
Codes:
(a) A3 B1 C2 D4
(b) A1 B3 C4 D2
(c) A2 B4 C1 D3
(d) A4 B2 C3 D1.
8. Two or more persons can be made joint tort-feasors if they have
(a) a common design
(b) a common victim
(c) same intention
(d) similar intention.
9. The maxim ‘Qui facit per alium facit per se’ means
(a) he who does an act through another is deemed in law to do it himself
(b) he who does an act through another is not deemed in law to do it himself
(c) vicarious liability
(d) both (a) and (c).
10. Assertion (A): Tort is a civil wrong.
Reason (R): This civil wrong is other than a mere breach of contract or breach of trust and is redressable by an action for unliquidated damages.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true.
