Pre. Exam

76. The element of malice
(A) Is essential in all torts
(B) Is not essential is any tort
(C) Is essential in the torts of defamation and malicious prosecution
(D) None of the above

Answer and Notes Answer is C

Pre. Exam

63. The Rule of ‘res ipsa loquitur’ is related to the test of :
(a) Negligence
(b) False imprisonment
(c) Defamation
(d) Malicious prosecution

Answer and Notes Answer is A

Explanation : Refer question number 84 of U.P.H.J.S.(Pre) 2009.

Pre. Exam

75. The Rule of "res ipsa loquitur" is related to the tort of:
(a) Negligence (b) False Imprisonment
(c) Defamation (d) Malicious Prosecution

Answer and Notes Answer is A

Explanation: Res ipsa !oquitor means the thing speaks for itself. It is a doctrine that one is presumed to be negligent if he / she had exclusive control of whatever caused the injury even though there is no specific ·evidence of an act of negligence, and without negligence the accident would not have happened.

Pre. Exam

58. The law of torts is based on :
(a) Indian Penal Code
(b) Separate Statute.
(c) Judicial Decisions
(d) Civil Procedure Code.

Answer and Notes Answer is C

Sandeep: The law of torts in India is basically the outcome of judicial decisions. This branch of law is not developed in comparision to other branches of law.