Development of Law of Torts in England and India — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. The writ of trespass in early English law covered only:

   • Indirect and consequential injury
   • Direct and forcible injury (correct answer)
   • Economic loss only
   • Injury to reputation only

   Explanation. The writ of trespass, which took shape in the 13th and 14th centuries, covered direct and forcible harm to the person, land or goods.

2. "Trespass on the case" developed to cover:

   • Direct injury only
   • Indirect or consequential injury (correct answer)
   • Criminal offences
   • Contractual disputes only

   Explanation. Trespass on the case covered indirect harm, where loss followed from the defendant's act. Negligence, nuisance and defamation grew from it.

3. The Judicature Acts that abolished the rigid forms of action in England were passed in:

   • 1601–1602
   • 1873–1875 (correct answer)
   • 1908–1910
   • 1932–1935

   Explanation. The Judicature Acts, 1873–1875, merged the courts of law and equity and abolished the old forms of action.

4. English common law, including tort principles, was first introduced to India through the:

   • Government of India Act, 1935
   • Charter of 1726 (correct answer)
   • Indian Independence Act, 1947
   • Indian Contract Act, 1872

   Explanation. The Charter of 1726 set up Mayor's Courts in the three presidency towns of Bombay, Calcutta and Madras, which applied English law.

5. During the colonial period, Indian courts were directed to decide cases without a specific statute according to:

   • English Parliamentary supremacy
   • Justice, equity, and good conscience (correct answer)
   • Hindu law exclusively
   • Roman law

   Explanation. Courts applied English common law only insofar as it was consistent with "justice, equity, and good conscience."

6. In M.C. Mehta v. Union of India (1987), the Supreme Court created a new doctrine instead of applying the English rule from:

   • Donoghue v. Stevenson
   • Rylands v. Fletcher (correct answer)
   • Ashby v. White
   • Bradford v. Pickles

   Explanation. The Court declined to simply apply Rylands v. Fletcher's strict liability rule and created the stricter doctrine of absolute liability.

7. Sir Frederick Pollock's 1886 attempt to codify Indian tort law was called the:

   • Indian Torts Act
   • Civil Wrongs Bill (correct answer)
   • Law of Damages Act
   • Tortious Liability Code

   Explanation. Pollock drafted a Civil Wrongs Bill in 1886, attempting to codify Indian tort law, but it was never passed.

8. In Williams v. Holland (1833), the court allowed an action on the case for a direct injury caused by negligence. The effect was to:

   • Abolish the writ of trespass
   • Loosen the old line between direct harm (trespass) and indirect harm (case) (correct answer)
   • Introduce strict liability for dangerous things
   • Bring English law into India

   Explanation. Under the old rule, direct harm needed trespass and indirect harm needed case. Williams v. Holland loosened that distinction.