Law of Torts
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Law of Torts
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25 Questions

1. Legal Principle: A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person. Factual Situation: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X's office, it hit a pedestrian P on account of Y's negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct?
2. Legal Principle: An employer shall be liable to the injuries caused to his employee by the negligence of a fellow employee in course of employment. Factual Situation: Kannappa and Veerappa were two employees working in the textile factory of Gokuldas. One day, Kannappa came to the factory in an inebriated stage and his hands were not steady while operating the machine. As a result, Veerappa who just happened to go near the machine for some work got injured. He filed a suit against Gokuldas for compensation.
3. Legal Principle: According to the doctrine of vicarious liability, a person shall be liable for the damage caused by his employee in the course of employment. FNormally, Kiran used to collect coffee beans from the growers and the payments would be made within a month. This arrangement was going on for something. Tactual Situation: Kishenlal is a big trader in coffee and he appointed Kiran as his agent to procure coffee from the coffee growers in a particular region. here arose some problems between Kishenlal and Kiran, and Kishenlal terminated Kiran's employment. Kiran continued to procure coffee even thereafter and he disappeared with the coffee so procured. The coffee growers filed a suit against Kishenlal claiming payment.
4. Legal Principle: Unlawful interference with a person's use or enjoyment of his premises is a civil wrong and forbidden by law. Factual Situation: Ramarao's neighbor was running a small printing establishment in his house. Though it was noisy at times, the neighborhood found it tolerable. One day, Ramarao's aged father came to his house to convalesce after a major operation. He found the noise intolerable. Ramarao took up the matter with his neighbor and the latter refused to oblige him. As a result, Ramarao's father died on account of the irritation. Ramarao filed a suit to close the press.
5. Legal Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen. Factual Situation: An agricultural university constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters was playing near the pump house. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.
6. Legal Principle: A master shall be responsible for the wrongful acts of his servants in the course of employment. Factual Situation: Gokul was employed as a clerk in a law firm by name Lindley & Co., and was looking after the office during business hours. Krishna, from neighboring village, was a good friend of Gokul and he happened to visit Gokul one day in the office. Krishna had with him ' 100,000 which he had brought for business transaction. Since he did not have any acquaintance in the city, he requested Gokul to keep the money with him overnight. Gokul vanished with that money. Krishna filed a suit against Lindley & Co., for the return of money.
7. Legal Principle: A person is entitled to protect his property by using lawful means. Factual Situation: Ramlal is growing valuable vegetables and fruits in his farm and he has fenced the farm to prevent the cattle from entering into it. In addition, he has kept a ferocious dog to chase away intruding urchins and cattles. Some children were playing in a nearby playground and the ball slipped into the farm. A boy who was running after the ball came near the fence and shouted for the ball. But when there was no response, he managed to creep into the farm to get the ball. The dog which was surreptitiously waiting attacked the boy and badly mauled him. The boy's parents filed a suit against Ramlal.
8. Legal Principle: Where an offence is committed by a company, every person who at the time when the offences was committed, was responsible for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable for punishment. Factual Situation: Amit is employed as a peon in a finance company. The company defrauds many people and all the directors of the company abscond. The police arrests Amit for offence of fraud. I. Amit guilty of the offence?
9. A is running a polyclinic well-equipped with operation theaters and supporting staff. S is a surgeon who makes use of this polyclinic to operate his patients. While operating a patient P, due to the negligence of nurse N (who was a support staff of polyclinic, the surgical knife was left inside the abdomen of P. As a result, P developed several complications. Advise P as to against whom, that is, A or S, he should file the suit for damages.
10. Legal Principle: No legal remedy exists for an injury caused by an act, for which one has consented. Factual Situation: Rajesh, a cricket enthusiast purchases a ticket to watch the one day international cricket match between India and Australia, organized by the Board of Control for Cricket in India (BCCI. As he was engrossed in watching the exploits of Sachin Tendulkar, a ball struck for a six by the latter hits Rajesh on his body and injures him. Rajesh sues BCCI for reimbursement of the medical bill he paid for treatment of the injury.
11. Legal Principle: A person is entitled to use reasonable force for self-defence. Factual Situation: Gokul was living in a farmhouse with a few family members. One night, a group of robbers broke open the door of the house and there was scuffle between the intruders and the residents. Gokul took out his pistol and fired a shot at one of the intruders. The shot did not hit the target and the robbers ran out of the house and by that time, the neighbors gathered in front of the house. Gokul in a fit of anger came out of the house and fired at fleeing robbers who by that time mingled with the neighbors. The shot injured a neighbor and he filed a suit against Gokul.
12. Legal Principle: A master is liable for the wrongs committed by the servant in the course of his employment. Factual Situation: Obalesh works as a clerk in a pharmaceutical company Bio-Pharma Ltd. He is required to take stock of the goods supplied and maintain the accounts of the company. Ramachandra, a friend of Obalesh, from the neighboring village, came to meet Obalesh in the office. Since Ramachandra did not have any other acquaintance in the city, he gave ' 10,000 he had with him, to Obalesh for safekeeping. When Ramachandra returned to the office the next morning to collect the money. He found Obalesh had fled away with the money. Ramachandra brings a legal action against Bio-Pharma Ltd. for the recovering of the money.
13. Legal Principle: 1. Negligence is the omission to do something, which a reasonable man would do, breach of which, if it causes damage, makes one liable to the person who suffered loss. 2. One owes a duty of care to another if a responsible man can foresee that he will be affected by the breach of duty. 3. One is not liable if injured party volunteers to take the risk. Factual Situation: A cricket match is being held in a stadium. Akshit, being unable to afford the ticket price, is viewing the cricket match sitting atop a branch of a nearby tree. When a batsman hits a ball over the boundary, the ball in turn hits Akshit and sustains injury on his spinal cord due to fall from the tree.
14. Legal Principle: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes private nuisance, a wrongful act under law of torts. Factual Situation: Vasan was living in his own house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses, whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict AIDS patient and he offered to fix a suitable tenant for Vasan's house, if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Varadan's tenants. Varadan filed a suit against Vasan.
15. Legal Principle: A master will be liable for the act of his servants in the course of employment. Factual Situation: Hanuman was a driver employed by Hindustan Petroleum to drive their petrol lorries. He was strictly forbidden from smoking in course of employment. That warning was printed in the body of the vehicle he was driving. One day when he was transferring petrol from his tank to the underground tank of Maruthi Filling Station, he struck a match to light a cigarette and threw it on floor. It caused an explosion damaging the properties of Maruthi Filling Station. Maruthi Filling Station filed a suit against the Hindustan Petroleum claiming damages.
16. Legal Principle: No body shall unlawfully interfere with a person's use or enjoyment of her land or some right over or in connection with it. The use of enjoyment should be normal and reasonable taking into account the situation prevailing in the surrounding locality. Factual Situation: Krishna and Kannan were neighbors in a residential locality. Kannan started a typing class in a part of his house and this typing sound disturbed Krishnan who could not put up with any kind of continuous noise. He filed a suit against Kannan.
17. In which of the following cases, P did not owe duty of care to Q.
18. Legal Principle: A person shall be liable to compensate any third party for the injury suffered by the latter as a result of the activities of his employee in the course of employment. Factual Situation: Raman was an old man and he wanted to open a bank account for his personal transactions. When he went to Canara Bank, the bank manager thereof called one George and asked him to assist Raman to complete the formalities. George patiently helped Raman to open the account and Raman was very pleased with him. In the course of conversation, Raman came to know that George was living very close to his house. Subsequently, Raman used to hand over money to George for depositing it in the bank and George used to handover the receipts and get the entries done in the passbook and other receipts were all signed by the entries in the passbook and other receipts were all signed by George only. Raman filed a suit against Canara Bank.
19. Legal Principle: Whoever stores a substance which would cause damage on escape shall be strictly liable (i.e. liable even when he has exercised necessary care for any damage caused by the escape of that substance. Factual Situation: Cynamide Company was manufacturing acrylonitrile, an extremely toxic chemical. This chemical is used in manufacturing certain pharmaceuticals, manufactured in another factory, owned by Cynamide itself. While transporting acrylonitrile stored in a sealed container to the factory where the pharmaceuticals were manufactured, there was unexpected leakage from the container and the chemical split on the ground. The local municipal authorities immediately rushed in and decontaminated the place. The container was sealed back within a short period of time and subsequently it was realized that the contamination was not that significant and it was not necessary to spend so much resourced for decontamination. The municipal authorities filed a suit against Cynamide Company for whatever cost incurred in decontamination process. But Cynamide Company argued that it would pay only a small sum, which could have taken care of contamination in this case.
20. Legal Principle: Even if the sovereign functions of the state are discharged negligently the state is not vicariously liable in tort. Factual Situation: A was a trader in gold. He was arrested by the police and was detained in police custody after search. The gold along with sundry items that were with him was seized. Later he was released. His possessions seized by the police were returned. He moved against the state in tort. In the words of the Supreme Court: 'There can be no escape from the conclusion that the police officers were negligent in dealing with stolen property after it was seized.' One of the constables was a Muslim. He fled with the gold to Pakistan.
21. Legal Principle: As a person is liable for the harm caused by his activity only to the extent he could have foreseen the damage. Factual Situation: Murthy was in a hurry to get into the train about to move. There was tremendous rush in the railway stations. In the process of gaining entry, he accidentally pushed another passenger, carrying a load on his head. That other passenger fell down; and sharp instruments, contained in his head load fell out and injured several people. A suit was filed against Murthy seeking compensation for the injury caused to the people.
22. Legal Principle: A person cannot complain against a harm to which he has voluntarily consented. Precautions can be taken only against reasonably foreseeable mishaps. Factual Situation: At an athletic meet, during a hammer throw, the hammer came apart and hit a middle distance runner who was sitting 10 meters outside the throwing area. The runner sustained severe injuries on the head and neck. The runner filed a suit for damages. The standard precautions were taken for throwing the 7 kilogram hammer. The runner: I. Would be able to recover because the organizers had failed to keep the equipment in good condition. II. Would not be able to recover because the injuries were caused in a freak accident. III. Would not be able to recover because she had agreed to participate in the sports meet with all the attendant risks. IV. Would not be able to recover because the accident was not reasonably foreseeable.
23. Legal Principle: Violation of a legal right, with or without damage, gives rise to a tort. Factual Situation: A establishes a coaching class and charges ' 5,000 per year as fees. A's neighbor B establishes another coaching class thereby creating a competition; this forces A to reduce his fees to ' 3,000 per year. Can A claim damages from B for the loss caused to him?
24. Legal Principle: Contractual liability is completely irrelevant to the existence of liability in tort (civil wrong. Factual Situation: X purchased a bottle of ginger- beer from a retailer. As she consumed more than 3/4 of the contents of the bottle, she found a decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick on the thought of what she consumed. She sued the manufacturer of the beer for negligence, though there is no contractual duty on the part of the manufacturer.
25. Legal Principle: A master shall be liable for the fraudulent acts committed by his servants in the course of employment. Factual Situation: Shaila Devi opened a Savings Bank account with Oriental Bank, and a cousin of her by name Mohan, who was a clerk in that bank, helped her to complete the formalities; subsequently she used to entrust whatever money she was getting to Mohan along with her passbook and Mohan used to return the passbook with relevant entries. One day Shaila Devi discovered that Mohan, instead of crediting the money to her account, was misappropriating the money but making entries in the passbook without authorization. Shaila Devi seeks compensation from Oriental Bank.