Law Of Torts - Practice Test

[#301] The state of mind of a person committing tort is relevant in:

(A) Trespass

(B) Negligence

(C) Nuisance

(D) No tortuous action

Correct Answer

(A) Trespass

[#302] According to Winfield

(A) Tortious liability arises from breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by action for unliquidated damage

(B) A tort is an infringement of right of a private individual giving a right of compensation at the suit of the injured party

(C) A tort is a civil wrong for which the remedy in common law is action for unliquidated damages and which is not exclusively breach of contract or of trust or breach of other merely equitable obligation

(D) A tort consists of those wrongs or unlawful acts which violates legal rights of a person for which law provides the remedy of unliquidated damages

Correct Answer

(A) Tortious liability arises from breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by action for unliquidated damage

[#303] The plaintiff's husband gave some cash and cheques to his friend who was an employee of a Bank, for depositing in her account in the bank. The employee misappropriated the amount. Choose the most appropriate answer from the following:

(A) The Bank is not liable because at the time the person concerned was not acting as an employee

(B) The Bank is liable because the master is liable for the misappropriation of his servant

(C) The Bank is liable as the person concerned is its employee

(D) The Bank is liable because the person concerned was given all those cash and cheques at the time when he was an employee of the Bank

Correct Answer

(A) The Bank is not liable because at the time the person concerned was not acting as an employee

[#304] "Injuria sine damno" means

(A) Damaging without causing legal injury

(B) Injury without damaging

(C) Damning the other party

(D) None of these

Correct Answer

(B) Injury without damaging

[#305] Which one of the following elements is not necessary to have a private right of action in respect of a public nuisance?

(A) The plaintiff must show a particular injury to himself beyond that which is suffered by the rest of the public

(B) The injury must be of a substantial character

(C) The nuisance must be caused by negligence

(D) The injury must be direct and not consequential injury

Correct Answer

(C) The nuisance must be caused by negligence

Law Of Torts - Study Mode

[#301] The state of mind of a person committing tort is relevant in:

Correct Answer

[#302] According to Winfield

Correct Answer

[#303] The plaintiff's husband gave some cash and cheques to his friend who was an employee of a Bank, for depositing in her account in the bank. The employee misappropriated the amount. Choose the most appropriate answer from the following:

Correct Answer

[#304] "Injuria sine damno" means

Correct Answer

[#305] Which one of the following elements is not necessary to have a private right of action in respect of a public nuisance?

Correct Answer