Law Of Torts - Practice Test

[#656] Which is correct. In tort

(A) Mental element is totally irrelevant

(B) Mental element is absolutely relevant

(C) Mental element is relevant only in cases of torts requiring special mental element

(D) None of the above

Correct Answer

(C) Mental element is relevant only in cases of torts requiring special mental element

[#657] 'A' lent his lorry and the driver to 'B' for a few days on B's request for his daughter's marriage and for which 'B' recurred the lorry along with driver. While acting under the orders of 'B' the driver drove negligently and caused an accident resulting in injuries to the plaintiff. In the case:

(A) 'A' the permanent employer of the driver. He would be liable because he had lent the services of his servant the driver along with a complicated piece of machinery, the lorry

(B) 'B' under whose orders the driver was working at the time of the accident, would be liable because the driver was following the orders of 'B' and not of 'A' at the time

(C) Both 'A' and 'B' would be liable because 'A', as the permanent employer, and 'B', as the person under whose authority the driver was working at the time, were responsible for the driver's negligence

(D) Neither 'A' nor 'B' would be liable and only the driver would be liable as he alone had committed the negligent act

Correct Answer

(A) 'A' the permanent employer of the driver. He would be liable because he had lent the services of his servant the driver along with a complicated piece of machinery, the lorry

[#658] A woman was alighting from a tram car when a speeding reckless motorcyclist collided with a motor car little away in the centre of the road. In that collision the negligent motorcyclist was killed on the spot. The woman heard the bang and saw the blood on the road thought not the body of the injured man. She was in an advanced stage of pregnancy. Due to the nervous shock sustained by her, she gave birth to a still born baby. She sued the representatives of the motorcyclist to recover damages. Which one of the following propositions is correct as decided in a leading case?

(A) She can recover damages as the deceased owed duty to care towards her

(B) She cannot recover damages as the death of the motorcylist extinguished all his liabilities

(C) She cannot recover damages as the deceased owed no duty of care towards the woman even though he was negligent towards the motorist

(D) None of the above

Correct Answer

(C) She cannot recover damages as the deceased owed no duty of care towards the woman even though he was negligent towards the motorist

[#659] Which one of the following is the gist of the cause of action for tort of conspiracy?

(A) An agreement between defendants to do an unlawful act

(B) An agreement and overt act by the defendants

(C) An agreement and overt act causing damage to the plaintiff

(D) Unlawful combination causing or not causing damage to the plaintiff

Correct Answer

(C) An agreement and overt act causing damage to the plaintiff

[#660] In Tort, what is 'vicarious liability'?

(A) A person is generally liable for his own wrongful act

(B) A person is liable for the wrongful act done by other person

(C) A person is liable for the wrongful act in his absence

(D) None of the above

Correct Answer

(B) A person is liable for the wrongful act done by other person

Law Of Torts - Study Mode

[#656] Which is correct. In tort

Correct Answer

Correct Answer

Correct Answer

[#659] Which one of the following is the gist of the cause of action for tort of conspiracy?

Correct Answer

[#660] In Tort, what is 'vicarious liability'?

Correct Answer