1. In Rylands v. Fletcher, liability will NOT arise if:
a. The escape is due to the act of God
b. The substance stored is non-dangerous
c. Plaintiff consented to the accumulation
d. All of the above
b. The substance stored is non-dangerous
c. Plaintiff consented to the accumulation
d. All of the above
Correct answer: d
Explanation: Defences to the rule include act of God, consent, and absence of dangerous accumulation.
Explanation: Defences to the rule include act of God, consent, and absence of dangerous accumulation.
2. “Conversion” differs from trespass to goods because:
a. Conversion requires intention to assert dominion inconsistent with owner’s rights
b. Conversion always needs physical damage
c. Trespass protects possession, not ownership
d. Both a and c
b. Conversion always needs physical damage
c. Trespass protects possession, not ownership
d. Both a and c
Correct answer: d
Explanation: Conversion is intentional interference denying owner’s title, whereas trespass protects possession.
Explanation: Conversion is intentional interference denying owner’s title, whereas trespass protects possession.
3. In malicious prosecution, which element is not required?
a. Lack of reasonable and probable cause
b. Malice
c. Actual damage
d. Breach of statutory duty
b. Malice
c. Actual damage
d. Breach of statutory duty
Correct answer: d
Explanation: Malicious prosecution requires (i) prosecution by defendant, (ii) termination in plaintiff’s favour, (iii) lack of reasonable cause, (iv) malice, and (v) damage.
Explanation: Malicious prosecution requires (i) prosecution by defendant, (ii) termination in plaintiff’s favour, (iii) lack of reasonable cause, (iv) malice, and (v) damage.
4. When a manufacturer owes a duty of care to ultimate consumers despite no contract, it arises from:
a. Doctrine of strict liability
b. Principle in Donoghue v. Stevenson
c. Respondeat superior
d. Voluntary assumption of risk
b. Principle in Donoghue v. Stevenson
c. Respondeat superior
d. Voluntary assumption of risk
Correct answer: b
Explanation: The “neighbour principle” in Donoghue v. Stevenson created liability in negligence independent of contract.
Explanation: The “neighbour principle” in Donoghue v. Stevenson created liability in negligence independent of contract.
5. If A throws a lit match onto B’s thatched roof and the wind spreads fire to C’s property, A is:
a. Liable to B but not C
b. Liable to both B and C for foreseeable consequences
c. Not liable to C due to novus actus
d. Protected by remoteness doctrine
b. Liable to both B and C for foreseeable consequences
c. Not liable to C due to novus actus
d. Protected by remoteness doctrine
Correct answer: b
Explanation: Under Wagon Mound test, foreseeable spread of fire renders A liable to both victims.
Explanation: Under Wagon Mound test, foreseeable spread of fire renders A liable to both victims.
6. Which of these is a qualified privilege in defamation?
a. Parliamentary proceedings
b. Court judgments
c. Fair comment on public interest
d. Reports of State Gazette
b. Court judgments
c. Fair comment on public interest
d. Reports of State Gazette
Correct answer: c
Explanation: Fair comment on matters of public interest is a qualified privilege, subject to absence of malice.
Explanation: Fair comment on matters of public interest is a qualified privilege, subject to absence of malice.
7. Joint tortfeasors are:
a. Persons liable for same damage caused by a common action or design
b. Always liable equally, regardless of fault
c. Not liable if one settles with plaintiff
d. Only those acting under contract
b. Always liable equally, regardless of fault
c. Not liable if one settles with plaintiff
d. Only those acting under contract
Correct answer: a
Explanation: Joint tortfeasors act in concert or cause the same damage, sharing liability.
Explanation: Joint tortfeasors act in concert or cause the same damage, sharing liability.
8. Identify the correct statement on vicarious liability:
a. An employer is always liable for employees’ torts, even outside employment
b. Employer’s liability depends on whether the tort was committed “in the course of employment”
c. Delegation of duty absolves the principal
d. Vicarious liability applies only to negligence
b. Employer’s liability depends on whether the tort was committed “in the course of employment”
c. Delegation of duty absolves the principal
d. Vicarious liability applies only to negligence
Correct answer: b
Explanation: Employer is liable only if the wrongful act was committed in the course of employment.
Explanation: Employer is liable only if the wrongful act was committed in the course of employment.
9.The “eggshell skull” rule means:
a. Damages are limited to what a reasonable person would suffer
b. Defendant is liable even for unforeseeable extent of injury to a fragile plaintiff
c. It applies only to psychiatric harm
d. It requires special damages
b. Defendant is liable even for unforeseeable extent of injury to a fragile plaintiff
c. It applies only to psychiatric harm
d. It requires special damages
Correct answer: b
Explanation: Once negligence is established, defendant must take plaintiff as found, even with unusual vulnerability.
Explanation: Once negligence is established, defendant must take plaintiff as found, even with unusual vulnerability.
10. Liability in tort for misfeasance in public office arises when:
a. A public officer negligently omits to perform a duty
b. A public officer acts maliciously or with knowledge of illegality causing damage
c. The government enacts a harmful statute
d. A statutory discretion is exercised bona fide
b. A public officer acts maliciously or with knowledge of illegality causing damage
c. The government enacts a harmful statute
d. A statutory discretion is exercised bona fide
Correct answer: b
Explanation: Misfeasance requires deliberate abuse of power or recklessness causing damage to an individual.
Explanation: Misfeasance requires deliberate abuse of power or recklessness causing damage to an individual.
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Ruchika Mohapatra
Contributing author
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