Law Of Torts - Practice Test

[#676] When an agent commits a tort in the performance of his duty as an agent, the injured party can

(A) Sue the principal only

(B) Sue the agent only

(C) Sue either the principal or the agent or both of them

(D) Not sue the principal or the agent

Correct Answer

(C) Sue either the principal or the agent or both of them

[#677] Under the Law of torts, malice means

(A) A wilful act done without just cause or excuse, known as malicein law

(B) A wilful act done with evil motive, known as malice in fact

(C) Both (A) and (B)

(D) Neither (A) nor (B)

Correct Answer

(C) Both (A) and (B)

[#678] The plaintiff instructed his Banker to deposit excise duty on his behalf in the Govt. treasury and debit the current account of plaintiff. The Bank deposited the said sum in the treasury. Later the plaintiff came to know, that the said amount was embezzled by the Treasurer and the Accountant of the treasury and the amount was not credited in the name of the plaintiff. If the plaintiff brings an action against the State for damages then the State is:

(A) Not liable to compensate as it involved a sovereign function

(B) Liable to compensable as the function is a banking function which is not a sovereign function of the State

(C) Liable to compensate as an ordinary employer

(D) Not liable to but the individuals are liable to compensate

Correct Answer

(B) Liable to compensable as the function is a banking function which is not a sovereign function of the State

[#679] Choose the correct statement Under Indian law

(A) Libel is a criminal offence whereas slander is a civil offence

(B) Libel is a civil offence whereas slander is a criminal offence

(C) Both libel and slander are criminal offences

(D) Both libel and slender are civil offences

Correct Answer

(C) Both libel and slander are criminal offences

[#680] A car mechanic was employed by his master, the defendant, to repair cars. He repaired 'a car and then drove the car for a sort distance to check whether he had repaired the car properly or not'. In the process, he caused an accident injuring the plaintiff the master is:

(A) Liable because it was his servant who had negligently caused the accident for which he was vicariously liable

(B) Not liable because the mechanic was supposed to repair only and as such driving by him was outside his course of employment

(C) Liable because driving was necessarily incidental to the duties of the mechanic since he was duty bound to check by driving whether the repair he had done were correctly done or not

(D) Not liable because repairing and driving were two distinct acts. And the mechanic was not authorized to drive but duty-bound to repair only

Correct Answer

(C) Liable because driving was necessarily incidental to the duties of the mechanic since he was duty bound to check by driving whether the repair he had done were correctly done or not

Law Of Torts - Study Mode

[#676] When an agent commits a tort in the performance of his duty as an agent, the injured party can

Correct Answer

[#677] Under the Law of torts, malice means

Correct Answer

Correct Answer

[#679] Choose the correct statement Under Indian law

Correct Answer

[#680] A car mechanic was employed by his master, the defendant, to repair cars. He repaired 'a car and then drove the car for a sort distance to check whether he had repaired the car properly or not'. In the process, he caused an accident injuring the plaintiff the master is:

Correct Answer