Negligence, Liability Without Fault, Statutory Liability, and Parties to Proceedings — 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. Negligence in tort law is best defined as:

   • Any accidental injury
   • The breach of a legal duty of care causing damage (correct answer)
   • A crime committed without intent
   • A type of strict liability

   Explanation. Negligence is the breach of a legal duty to take care, resulting in damage to the person to whom the duty was owed.

2. The rule of strict liability originates from which case?

   • M.C. Mehta v. Union of India
   • Rylands v. Fletcher (correct answer)
   • Donoghue v. Stevenson
   • Ashby v. White

   Explanation. Strict liability is the rule from Rylands v. Fletcher — liability for a dangerous thing escaping from one's land, even without negligence.

3. Absolute liability, as laid down in M.C. Mehta v. Union of India (1987), differs from strict liability because it:

   • Requires proof of negligence
   • Admits none of the traditional defences (correct answer)
   • Only applies to government bodies
   • Cannot be applied to hazardous industries

   Explanation. Absolute liability applies to hazardous industries and admits none of strict liability's traditional defences.

4. The "no-fault liability" provision for motor vehicle accident victims in India is found in:

   • Section 164, Motor Vehicles Act, 1988 (correct answer)
   • Section 2(m), Limitation Act, 1963
   • Section 9, Code of Civil Procedure, 1908
   • The Indian Contract Act, 1872

   Explanation. Section 164 of the Motor Vehicles Act, 1988 provides fixed compensation regardless of proof of fault.

5. Under Section 164 of the Motor Vehicles Act, 1988, compensation is payable:

   • Only if the driver's negligence is proved
   • Regardless of whether negligence is proved (correct answer)
   • Only if the victim was not at fault at all
   • Only after a full criminal trial

   Explanation. Section 164 compensation is payable regardless of whether negligence by the driver or owner is proved.

6. A minor who wishes to sue in tort must do so through a:

   • Police officer
   • Next friend or guardian (correct answer)
   • Government lawyer
   • No one — minors cannot sue

   Explanation. A minor cannot sue in their own name; the suit must be brought on their behalf by a next friend or guardian.

7. A corporation can sue for civil wrongs affecting:

   • Only its employees' personal injuries
   • Its property or reputation (correct answer)
   • Any wrong to any individual shareholder
   • Nothing — corporations cannot sue

   Explanation. A corporation can sue for wrongs affecting its property or reputation, but not for personal wrongs unrelated to either.

8. The State's immunity from tort liability, as seen in P. and O. Steam Navigation Co. v. Secretary of State (1861), applies to:

   • All government acts without exception
   • Acts done in a sovereign capacity only (correct answer)
   • Only acts committed by ministers
   • No acts — the State has no immunity

   Explanation. The State is immune for acts done in a sovereign capacity but liable for torts committed in a non-sovereign capacity.