Law of Torts Questions and Answers for Judiciary Exams

A tort, in common law jurisdiction, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It can include intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things.

In Judiciary Exams, you will have questions from the Law of Torts subject. To get an idea about what type of Law of Torts Questions are asked in Judiciary Exams, this post shall provide important questions on Law of Torts.

Go through the complete post to know the most commonly asked Judiciary Exam Law of Torts Questions and answers. 

Law of Torts Questions for Judiciary Exams

Here are few important questions based on the law of torts for the Judicial Services Exam. Try answering these questions to check your preparation levels. Also, solving the previous year's Judiciary exam question papers will help in understanding the difficulty level of the exam. 

Q. 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.

Q. Tort is redressible by an action

  • (a) for restoration of the original position
  • (b) for unliquidated damages
  • (c) for liquidated damages
  • (d) all the above.

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Q. The ‘tort of deceit’ owes its origin to

  • (a) Pasley v. Freeman, (1789) 3 TR 51
  • (b) Lumley v. Gye, (1853) 2 E&B 216
  • (c) Rylands v. Fletcher, (1868) LR 3 HL 330
  • (d) Winsmore v. Greenbank, (1745) Willes 577.

Q. The ‘tort of inducement a breach of contract’ finds its origin in

  • (a) Lumley v. Gye
  • (b) Rookes v. Barnard
  • (c) Donoghue v. Stevenson
  • (d) Rylands v. Fletcher.

Q. The rule of ‘strict liability is based on the decision in

  • (a) Donoghue v. Stevenson
  • (b) Rylands v. Fletcher
  • (c) Lumley v. Gye
  • (d) Champman v. Pickersgill.

Q. The tort is a violation of

  • (a) a right in personam
  • (b) a right in rem
  • (c) both right in personam & a right in rem
  • (d) neither a right in personam nor a right in rem.

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Q. Maxim injuria sine damno means

  • (a)violation of a legal right without any damage
  • (b) violation of a legal right with damage
  • (c) damage without violation of legal right
  • (d) no damage & no violation of legal right.

Q. Malice in law means

  • (a) wrongful act done intentionally but without just cause or excuse
  • (b) wrongful act done intentionally with just cause & excuse
  • (c) wrongful act done intentionally with good motive
  • (d) wrongful act done intentionally with evil motive.

Q. The defence of volenti non fit injuria, is not available

  • (a) if the consent is obtained by compul­sion
  • (b) if the consent is obtained by fraud
  • (c) if the consent is obtained under a mis­take
  • (d) all the above.

Q. Inevitable accident means

  • (a) an act of God
  • (b) an unexpected injury which could not have been foreseen & avoided
  • (c) an unexpected injury which could not have been foreseen & avoided
  • (d) both (a) & (b).

Q. Act of State

  • (a) cannot be between a sovereign and the subjects of another State
  • (b) cannot be between a sovereign and his own subjects
  • (c) both (a) & (b)
  • (d) neither (a) nor (b).

Q. The liability of joint tort feasors is

  • (a) only joint
  • (b) only several
  • (c) joint & several
  • (d) neither joint nor several.

Q. In case of independent tort feasors

  • (a) action against one bars the action against the others
  • (b) action against some bars the action against the others
  • (c) action against one does not bar action against the other
  • (d) both (a) & (b).

Q. Vicarious liability commensurates with that of

  • (a) independent tort feasors
  • (b) joint tort feasors
  • (c) composite tort feasors
  • (d) both (a) & (c).

Q. For the purposes of vicarious liability a ser­vant is a person

  • (a) on whom the master has command of what to do & how to do
  • (b) on whom the master has a command of what to do
  • (c) whom the master can hire & fire
  • (d) only (a) & (c) above.

Q. Vicarious liability of master arises

  • (a) in case of theft of property of a third person bailed to the master
  • (b) in case of theft of property of a third person not bailed to the master
  • (c) neither (a) nor (b) as the act of commit­ting theft is not covered
  • (d) Both (a) and (b) as it makes no differ­ence whether the goods are bailed or not bailed to the master.

Q. The doctrine of common employment means

  • (a) if the wrongdoer servant and the per­-son injured are fellow servants, the master is not liable
  • (b) if the wrongdoer servant and the per-­son injured are fellow servants, master is liable
  • (c) if the wrongdoer servant and the per-­son injured are not fellow servants, master is not liable
  • (d) none of the above.

Q. In India, the scope of the doctrine of com­mon employment was restricted by

  • (a) The Indian Employers’ Liability Act, 1938
  • (b) The Workmen’s Compensation Act, 1923
  • (c) The Employees’ State Insurance Act, 1948
  • (d) all the above.

Q. The term novus actus interveniens means

  • (a) directness of damages
  • (b) remoteness of damages
  • (c) direct & remote damages
  • (d) foreseable damages.

Q. ´╗┐Remoteness of damages is determined by

  • (a) the test of directness
  • (b) the test of reasonable foresight
  • (c) both (a) & (b)
  • (d) none of the above.

Q. The test of reasonable foresight in deter­mining the remoteness of damages was first applied in

  • (a) Re: Polerris
  • (b) Wagon Mannd case
  • (c) Doughty v. Turner Manufacturing Co. Ltd.
  • (d) S.C.M. (United Kingdom) Ltd. v. W.J. Whittal & Sons.

Q. For ‘false imprisonment’ there should be

  • (a) total restraint on the liberty of a person
  • (b) a partial restraint on the liberty of a person
  • (c) means of escape
  • (d) all the above.