Practice Questions on The Law of Tort

Practice Questions on The Law of Tort

• Any person can be sued for tort in India. Except:

• Foreign sovereign

• Infant

• State

• Public officials

Ans. b

Rationale: There are certain persons who cannot be sued viz. foreign sovereigns and ambassadors, public officials and the State. An infant is in general liable for his torts in the same manner as an adult however, where intention, knowledge or malice is essential ingredient of liability, infancy can be a defence.

• The word ‘tort’ has been picked up from:

• An English word ‘Wrong’

• A Latin word ‘Tortum’

• A Roman word ‘Delict’

• A Sanskrit word ‘Jimha’​​ 

Ans. b

Rationale: The French word ‘tort’ has been derived from the Latin word ‘tortum’ which means ‘to twist’ i.e. which is unlawful or crooked. It is equivalent to English term ‘wrong’, the Roman term ‘delict’ and the Sanskrit word ‘Jimha’. It literally means ‘breach of duty leading to damage’.

• Can a husband be held vicariously liable for the tort of his wife in India?

• Yes, because husband is considered as the agent of his wife

• Yes, because husband is the guardian of his wife

• No, a married woman can be independently sued

• No, because husband is not the guardian of his wife

Ans. c

Rationale: In India a husband is not liable for the torts of his wife. A married woman may sue and be sued alone.

• Under tort what kind of damages are awarded?

• Liquidated

• Unliquidated

• Vindictive

• Exemplary

Ans. b

Rationale: In a tort the damages awarded are unliquidated i.e. damages not previously fixed but are decided by the courts.

• In tort the remedy is available against

• Rem

• Personam

• Both a and b

• None of the above

Ans. a

Rationale: A tort is a violation of a right in rem i.e. of a right vested in some determinate person and available against the world at large.

• Law of tort is:

• Codified

• Uncodified

• Both a and b

• None of the above

Ans. b

Rationale: The law of torts in India is based on English Common Law which is the product of judicial decisions. Thus Law of torts is uncodified.

• Under law of tort who can file a suit:

• Person who has suffered injury

• Relatives of the person who have suffered injury

• Any competent person

• State

Ans. a

Rationale: In tort, the suit has to be filed by the injured party as plaintiff and no one else.

• In law of tort duties are fixed by:

• Parties themselves

• State

• Any competent person

• Law

Ans. d

Rationale: In tort the duties are primarily fixed by the law and a breach of these duties constitute tort.

• Which one of the following cannot sue for breach of law of tort?

• An infant

• Lunatic

• Child in the womb

• Convict

Ans. c

Rationale: Ordinarily, all persons are entitled to sue in tort. But there are certain exceptions to this rule viz. a bankrupt, a corporation and a child in the womb.

• ​​ Which one of the following is an essential element of tort?

• Consent of parties

• Intention of the wrongdoer

• Motive

• None of the above

Ans. c

Rationale: In a tort, motive may be taken into account while deciding a case. In a tort the obligation arises independently of any consent i.e. a tort is inflicted against the will and without the consent of the other party.​​ In tort, the intention of the wrongdoer is not crucial in all cases.