Law of Torts-Legal Aptitude 713 LAW OF TORTS - LEGAL APTITUDE 1 / 24 Under what circumstances may a person lawfully abate a nuisance affecting their land? a) Anytime, without giving notice b) By using any method, regardless of its impact c) Only if the nuisance is due to natural causes d) After giving notice and using the least mischievous method while avoiding unnecessary damage 2 / 24 What is the term for the right of an occupier to seize and detain cattle or chattel doing damage on their land until compensation is paid? a) Distress damage feasant b) Abatement of nuisance c) Re-entry on land d) Specific restitution of property 3 / 24 When is self-defense considered lawful in tort law? a) Whenever an individual wishes to use force b) Only if the person using force is a trained security professional c) To protect against any use of force, lawful or unlawful d) To protect against unlawful use of force 4 / 24 In the context of tort law, what is the purpose of an injunction as a judicial remedy? a) To compensate the plaintiff for damages suffered b) To restore property to the plaintiff c) To prohibit or compel certain actions d) To resolve disputes through negotiation 5 / 24 Which of the following is NOT an available judicial remedy in a tort case? a) Damages b) Injunction c) Re-entry on land d) Specific restitution of property 6 / 24 Which category of tort law deals with cases where a person suffers physical injury due to nervous shock? a) Defamation b) Slander c) Malicious prosecution d) Nervous shock 7 / 24 What are the essential elements of the tort of malicious prosecution? a) A prosecution with reasonable cause b) Malicious intent and damages to reputation c) The defendant must suffer physical injury d) Slander and defamation 8 / 24 What is the key distinction between assault and battery in tort law? a) Assault involves intentional harm, while battery does not. b) Assault requires physical contact, while battery does not. c) Assault is based on defamatory statements, while battery is not. d) Assault involves creating fear of contact, while battery involves actual contact. 9 / 24 Which of the following is a necessary element to establish the tort of battery? a) The use of force without lawful justification b) Apprehen c) Creating fear of harm d) Making defamatory statements 10 / 24 What determines whether the State is liable for torts committed by its servants in India? a) The type of tort committed b) Whether the tort is against public policy c) Whether the activity was a sovereign or non-sovereign function d) The State's financial capacity 11 / 24 When does vicarious liability generally apply to an employer in relation to the acts of an independent contractor? a) When the contractor commits any tort b) When the employer specifically authorizes the tort c) When the contractor acts in a negligent manner d) When the employer retains control over the contractor's work 12 / 24 3. What principle is commonly associated with vicarious liability in tort? a) Respondeat superior b) Volenti non fit injuria c) Nemo dat quod non habet d) Caveat emptor 13 / 24 In the context of vicarious liability, who is liable for the torts committed by a servant? a) The servant alone b) The person who suffered harm c) The master (employer) of the servant d) Both the servant and the victim 14 / 24 What does vicarious liability in tort refer to? a) The liability of the tort victim b) Liability for harm caused by another person c) The liability of the government d) Liability for self-inflicted harm 15 / 24 In cases of hazardous or inherently dangerous industries, according to the Supreme Court, what duty does the enterprise owe to the community? a) Duty to ensure the highest standards of profit b) Duty to minimize expenses c) Duty to provide the highest standards of safety d) Duty to maximize production 16 / 24 Which of the following is NOT an exception to the rule of strict liability? a) Damage due to Natural Use of the Land b) Consent of the plaintiff c) Act of Third Party d) Liability due to the plaintiff's accidental intrusion 17 / 24 What is the primary rule established in Rylands v. Fletcher regarding strict liability? a) Liability only exists if negligence is proven b) Liability is imposed even without fault or negligence c) Liability applies if the defendant has taken all precautions d) Liability depends on the defendant's good intentions 18 / 24 Which of the following is NOT a category of strict or absolute liability mentioned in the text? a) Liability for Inevitable Accident b) Liability for Inevitable Mistake c) Vicarious Liability for Wrongs committed by others d) Liability for Violating Contracts 19 / 24 In cases of strict or absolute liability, when is the defendant held liable for harm caused to the plaintiff? a) When the defendant intends to cause harm b) When the defendant is negligent c) When the harm occurs due to defendant's actions d) When there's a contract violation 20 / 24 What is the meaning of "Injuria Sine Damnum" in tort law? a) Injury without damages b) Damages without injury c) Criminal wrongdoing d) Intent to harm 21 / 24 Which of the following is a necessary condition for a tort to exist? a) Legal injury b) Intent to harm c) Contractual obligation d) Criminal prosecution 22 / 24 According to Section 2(m) of the Limitation Act, 1963, how is a tort defined? a) A civil wrong exclusively related to contracts b) A civil wrong exclusively related to trusts c) A civil wrong not exclusively related to contracts or trusts d) A civil wrong exclusively related to criminal offenses 23 / 24 In the context of tort law, what distinguishes torts from crimes? a) The severity of the act b) The intent of the wrongdoer c) The presence of damages d) The nature of the legal remedy 24 / 24 What does the word "tort" mean in legal terminology? a) Criminal act b) Civil wrong c) Contract violation d) Trust breach Your score is LinkedIn Facebook Twitter VKontakte
