Important Questions from Law of Torts for Judiciary Exams 2023

Reader's Digest: This article shall provide Law of Torts questions to help you understand the types of Law of Torts questions asked in Judiciary Exams.

In Judiciary Prelims and Mains exams, you will have questions from the Law of Torts topic. In the Mains examination alone, this topic holds a considerable weightage of marks as it carries around 20-25 marks (average).

What is the Law of Torts?

In ordinary law, a tort 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.

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Questions from Law of Torts for Judiciary Exams 2023

Here are a few essential 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 understand the exam's difficulty level. 

Q1. 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 violation 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.

Ans. Option b.

Q2. Tort is redressible by an action

(a) for restoration of the original position

(b) for unliquidated damages

(c) for liquidated damages

(d) all of the above.

Ans. Option b.

Q3. 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.

Ans. Option a.

Q4. 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.

Ans. Option a.

Q5. 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.

Ans. Option b.

Q6. 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.

Ans. Option b

Q7. Maxim injuria sine damno means

(a)violation of a legal right without any damage

(b) violation of a lawful request with damage

(c) damage without violation of the legal right

(d) no damage & no breach of legal rights.

Ans. Option a.

Q8. Malice in law means

(a) a wrongful act was done intentionally but without just cause or excuse

(b) a wrongful act was done intentionally with just cause & excuse

(c) a wrongful act was done intentionally with a good motive

(d) a wrongful act was done intentionally with an evil motive.

Ans. Option a.

Q9. 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 of the above.

Ans. Option d.

Q10. Inevitable accident means

(a) an act of God

(b) an unexpected injury which could have been foreseen & avoided

(c) unforeseen damage which could not have been expected & avoided

(d) both (a) & (b).

Ans. Option c.

Q11. Act of State

(a) cannot be between a sovereign and the subjects of another State

(b) cannot be between a ruler and his subjects

(c) both (a) & (b)

(d) neither (a) nor (b).

Ans. Option a.

Q12. The liability of joint tortfeasors is

(a) only joint

(b) only several

(c) joint & several

(d) neither joint nor several.

Ans. Option c.

Q13. In the case of independent tort features

(a) action against one bar 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).

Ans. Option b.

Q14. Vicarious liability commensurates with that of

(a) independent tort feasors

(b) joint tort feasors

(c) composite tort feasors

(d) both (a) & (c).

Ans. Option b.

Q15. For 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.

Ans. Option d.

Q16. Vicarious liability of master arises

(a) in case of theft of property by 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.

Ans. Option b.

Q17. 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, the master is liable

(c) if the wrongdoer servant and the per-­son injured are not fellow servants, the master is not liable

(d) none of the above.

Ans. Option a.

Q18. 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 of the above.

Ans. Option a.

Q19. 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.

Ans. Option b.

Q20. 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) SCM (United Kingdom) Ltd. v. W.J. Whittal & Sons.

Ans. Option b.

Q21. 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 of the above.

Ans. Option a.

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