Question Paper Law
1. A manufacturer of ginger beer had sold to a retailer, bottles of ginger beer in opaque bottles.The retailer sold one such bottle to 'A' who gave to his girl friend which contained the decomposed remains of a dead snail. The lady alleged of that she became seriously ill on consuming a portion of the contents from the said bottle.
Which one of the following conclusions is correct as to the liability in law of torts?
(a) The manufacturer of the ginger beer shall be liable for negligence
(b) The manufacturer is not liable at all
(c) The retailer will liable to the lady as he sold the bottle
(d) The lady is not entitled to damages due to her contributory negligence
Ans. (a)
2. The branch of a tree growing on the defendant's land hung on the highway at a height of about 30 feet above the ground. In fine weather, the branch suddenly broke and fell upon the plaintiff's vehicle which was passing along the highway. For the damage to the vehicle, the plaintiff sues the defendant on the ground of nuisance.
Which one of the following conclusions is correct in this suit ?
(a) The defendant was liable for nuisance
(b) The defendant was not liable for nuisance
(c) The defendant was liable under the principle of strict liability
(d) The plaintiff's suit should be decreed in his favour
Ans. (b)
3. The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint was dismissed. The defendant moved the Sessions judge in appeal. He got himself examined in Sessions trial although he knew the charge was false and he was acting without reasonable and probable cause. His complaint was dismissed by the Session Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant.
In the aforesaid case, which one of the following conclusion in correct ?
(a) The defendant is liable for malicious prosecution
(b) The defendant is not liable for malicious prosecution
(c) The defendant is not liable to pay damages to the plaintiff
(d) The plaintiff suit must be dismissed
Ans. (a)
4. Due to the collapse of the clock-tower situated opposite the townhall in main bazaar of a city,a number of person died. The clock-tower belonged to the Municipal Corporation of the city and was exclusively under its control. It was 60 years old but the normal life of the structure of the building which had fallen could be 40 to 45 years having regard to the kind of material used. Mrs.X whose husband died due to the collapse of the clock-tower filed the suit for damages against the Municipal Corporation.
Which one of the following maxims is applicable in the aforesaid case?
(a) Damnum sine injuria
(b) Injuria sine damno
(c) Res ipsa loquitur
(d) Volenti not fit injuric
Ans. (c)
5. The defendants by digging a coalpit in the land intercepted the water which affected the plaintiffs well at a distance of about one mile. The plaintiff brought a suit for a damages against the defendants.
Which one of the following maxims is applicable in the aforesaid case?
(a) Damnum sine injuria
(b) Injuria sine damno
(c) Res ips loquitur
(d) Volenti non fit injuria
Ans. (a)
6. Who gave the 'Pigeon-hole' theory in definding tort?
(a) Austin
(b) Heuston
(c) Salmond
(d) Winfield
Ans. (c)
7. A Magistrate in making a report to the superior casts an imputation on the character of a person Z in goods faith and for public good.
Which of the following defence is most appropriate?
(a) justification
(b) Fair comment
(c) Absolute privilege
(d) Qualified privilege
Ans. (d)
8. In India and action of slander may be maintained without proof of special damage in some cases. Identify in which of the following cases proof of damage is necessary ?
(a) Imputation of crime
(b) Vulgar abusive language
(c) Imputation of contagious disease
(d) Imputation of lack of chastity to a woman
Ans. (b)
9. When does the tort of condpiracy exist?
(a) Two or more persons agree to commit and unlawful act
(b) Two or more persons agree to commit some recognised tort
(c) Two or more persons caused harm to the plaintiff
(d) Two or more persons committed a concerted action to injure the plaintiff.
Ans. (d)
10. During the scarcity of potatoes.long queues were made outside the defendant's shop who having a licence to sell fruits and vegetables used to sell only 1 kg of potatoes per ration card.The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought an action for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?
(a) The defendant is liable for nuisance
(b) The defendant is not liable for nuisance
(c) The plaintiff's suit should be decreed in their favour
(d) The defendant is liable to pay damages to the plaintiffs
Ans. (b)
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