Law Of Torts - Practice Test

[#411] Which of the following requirements form an essential element of 'course of employment' in cases of vicarious liability? The servant's act must be: 1. Expressly or impliedly authorised by the master 2. Unauthorised manner of doing something which is authorised by the master. 3. Done to protect the interest of the master 4. Necessarily incidental to something which the servant is employed to do. 5. Done for the benefit of the master. Select the correct answer using the given below:

(A) 1, 2 and 3

(B) 2, 3 and 5

(C) 1, 2 and 4

(D) 2, 4 and 5

Correct Answer

(C) 1, 2 and 4

[#412] Winfield defined 'tort' as

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

(B) Tortious liability arises from the breach of a duty primarily fixed by the law towards the persons generally and its breach is redressible by an action for unliquidated damages

(C) An infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party

(D) None of the above

Correct Answer

(B) Tortious liability arises from the breach of a duty primarily fixed by the law towards the persons generally and its breach is redressible by an action for unliquidated damages

[#413] In a case of false imprisonment:

(A) Intention of the defendant is necessary to constitute the tort

(B) The wrong could not be constituted without the knowledge of the person wronged

(C) The wrong could be constituted even by the curtailment of partial liberty

(D) The wrong could be constituted even without the knowledge of the person wronged

Correct Answer

(D) The wrong could be constituted even without the knowledge of the person wronged

[#414] Which of the following is the exception to the rule of strict liability?

(A) Vis major

(B) Statutory authority

(C) Volenti non fit injuria

(D) All of the above

Correct Answer

(D) All of the above

[#415] PRINCIPLE: A person is liable for all the injurious consequences of his careless act. FACT: Ram, a snake charmer, was exhibiting his talents to the group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.

(A) Ram is liable to compensate the child's family for his careless act

(B) Ram is not liable as such things keep happening

(C) Ram is not in a position to compensate as he is poor

(D) The child should have taken adequate care for protecting herself from the snakebite

Correct Answer

(A) Ram is liable to compensate the child's family for his careless act

Law Of Torts - Study Mode

Correct Answer

[#412] Winfield defined 'tort' as

Correct Answer

[#413] In a case of false imprisonment:

Correct Answer

[#414] Which of the following is the exception to the rule of strict liability?

Correct Answer

[#415] PRINCIPLE: A person is liable for all the injurious consequences of his careless act. FACT: Ram, a snake charmer, was exhibiting his talents to the group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.

Correct Answer