- Which of the following is an essential element of the tort of negligence?
A. Intention to cause harm
B. Duty of care
C. Written agreement between parties
D. Criminal liability
Correct Answer: B
Explanation:
The tort of negligence requires three essential elements: duty of care, breach of duty, and resulting damage. The modern principle of duty of care was established in the famous case of Donoghue v Stevenson.
2. The maxim “Volenti non fit injuria” means:
A. An act itself does not make a person guilty unless the mind is also guilty
B. To a willing person, no injury is done
C. The burden of proof lies on the plaintiff
D. The thing speaks for itself
Correct Answer: B
Explanation:
This defence in tort law means a person who voluntarily consents to the risk of harm cannot later complain of injury.
3. Which tort involves direct and intentional interference with another person’s possession of land?
A. Defamation
B. Trespass to land
C. Negligence
D. Nuisance
Correct Answer: B
Explanation:
Trespass to land occurs when a person directly enters or causes a physical object to enter another’s land without permission.
4.The rule of strict liability was laid down in which case?
A. Rylands v Fletcher
B. Ashby v White
C. Donoghue v Stevenson
D. Gloucester Grammar School Case
Correct Answer: A
Explanation:
The rule in Rylands v Fletcher states that a person who keeps a dangerous thing on his land is strictly liable if it escapes and causes damage, even without negligence.
5. Which of the following statements best describes defamation?
A. Interference with property rights
B. False statement harming a person’s reputation
C. Physical injury caused intentionally
D. Unlawful confinement of a person
Correct Answer: B
Explanation:
Defamation is the publication of a false statement that injures the reputation of another person. It can be libel (written) or slander (spoken).
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