Question with Answer Law Exam

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. In which one of the following cases did the Supreme Court of India give a ruling that sovereign immunity of the State is subject to the fundamental Rights?
(a) State of Rajasthan Vs. Vidyawati
(b) Shyam Sunder Vs. State of Rajasthan
(c) Kasturi Lal Ralia Ram jain Vs. State of U.P.
(d) People Union for Democratic Rights Vs. State Bihar.
Ans. (d)
3. Which one of the following statements is not correct ?
(a) The principles of master's liability for the acts of a servant is based on the doctrine is respondent superior
(b) The rule of master's liability for the acts of the servant is based on the maxim qui facit per alium facit per se
(c) Master's liability for the torts of his servant is absolute and it is immaterial whether the tort was committed in the course of his employment or not
(d) The rule of master's liability for the act of the servant is based on the capacity to pay, in most of the cases, servant is not financially in good position to pay the damages
Ans. (c) 
4. Where does vicarious liability generally arise from?
(a) A contract of service
(b) A contract for service
(c) A contract of service as well as a contract for service
(d) a wrongful act of the master
Ans. (a)
5. An army truck driven by an army driver while going to leave army jawans on the station for enabling them to catch their home town, hit a pedestrian and killed him due to rash and negligent driving.
Which one of the following is correct?
(a) In this case vicarious liability is to be imposed on the Government of India.
(b) In this case vicarious liability would be claimed under the defence of sovereign functions of the State.
(c) In this case no liability will be imposed under the defence of inevitable accident
(d) In this case both Government of India and the drive personally would be liable
Ans. (a)
6. C, a stranger blocked the water pipes of a wash-basin and opened the tap. The wash-basin was otherwise in the control of the defendant B. The overflowing water damaged the plaintiff goods. Thereupon the plaintiff filed a suit for damages against the defendant B.C.was not made a party.
In the aforesaid suit which one of the following conclusions is correct?
(a) The defendant was liable for damages to the plaintiff to the basis of rule of strict liability
(b) The defendant was not liable for damages
(c) The stranger C will have to pay damages
(d) The plaintiff's suit will be decreed in his favour
Ans. (d)
7. 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)
8. 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)
9. Who gave the 'Pigeon-hole' theory in definding tort?
(a) Austin
(b) Heuston
(c) Salmond
(d) Winfield
Ans. (c)
10. 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)
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