FIRST SEMESTER OF 3 YEARS LL.

B / FIFTH SEMESTER 5 YEAR

BA.LL.B
LAW OF TORTS AND CONSUMER LAW

MODEL

ANSWER

PAPER

Q.No.1.(a) Define the term Tort and discuss the essential

mental elements of
law of torts.
Or
Distinguish between Injuria Sine Damnum and Damnum
sine Injuria with the help of leading cases.
(b) An MLA of Karnataka was wrongfully detained by the
police while he was going to attend the Assembly
session. He was not produced before the Magistrate
within requisite period. Which legal right is violated?
Advice him.
Or
X , a banker refuses to honour customers cheque
having sufficient funds in his hands belonging to the
customer. Customer intends to file a suit against the
banker, will he succeed?
Answer: SYNOPSIS

INTRODUCTION
DEFINITION
MEANING
CASE LAWS
MENTAL ELEMENT OF TORTS

INTRODUCTION
In common sense the Law of Torts is the branch of law
controlling the behavior of the people in the society. It is a

growing branch of Law and its main aim is to define individuals

rights and duties in the light of prevalent standards of reasonable
conduct and public convenience.
The word tort is derived from the Latin term Tortum
meaning twisted or a crooked act, which is equivalent to English
term wrong , therefore tort is a wrongful act
Definition
1.Salmond: It is a civil wrong for which the remedy is a common
law action for unliquidated damages and which is not exclusively
the breach of a contract or the breach of a trust or other merely
equitable obligation.
2. Winfield: Tortious liability arises from the breach of a duty
primarily fixed by law. This duty is towards persons generally and
its breach is redressible by an action for unliquidated damages.
3.Frazer:- It is an infringement of a right in rem of a private
individual giving a right to compensation at the suit of the injured
party.
Meaning
When we refer all the above definition tort means as a civil
wrong which is redressible by an action for unliquidated damages
and which is other than a mere breach of contract or breach or
trust.
Tort is a civil wrong
This civil wrong is other than a mere breach of contract or
breach of trust
This wrong is redressible by an action for unliquidated
damages.
The essential elements of torts are as follows,
To constitute a tort the following elements must be present.
1. A wrong ful Act committed by the defendant

2. The wrongful act must result in legal damage to another

person
3. The wrongful act must be of such a nature as may give
rise to a legal remedy in the form of an action for
damages.
Let us discuss the following elements in detail.
1. A wrong ful act:The first essential element of a tort is that the
defendant must be guilty of having committed a
wrongful act.
A wrongful act is an act which is contrary to law. It
also includes an omission to perform a legal duty.
Thus a wrongful act means infringement of a legal
duty
2. Legal Damage:Yet another essential element of a tort is that
wrongful act committed by the defendant must
result in a legal damage to the plaintiff.
Legal damage means neither actual or pecuniary
damages.
Legal damage takes place when there is a breach
of legal duty or where plaintiffs right recognized
by law is infringed.
Whether a damage is a legal damage or not can
be understood with the help of 2 important
maxims
a. INJURIA SINE DAMNO
b. DAMNUM SINE INJURIA
a. INJURIA SINE DAMNO: it means,
Injuria means infringement of a legally protected interest
(ie right) of the plaintiff.
Sine means without
damno means actual physical loss whether in terms of
money, comfort, health, service or the like.

So, Injuria Sine damno means that if a private right is

infringed, the plaintiff will have a cause of action even if
the actual physical damage is not there.
It means that if a private right is infringed the plaintiff
will have a cause of action even though the plaintiff has
not suffered any actual loss or damage.
Thus, according to this maxim what is necessary is the
infringement of a legal right and not the proof of actual
loss or damage.
CASE LAW:
1. ASHY V/S WHITE
FACTS OF THE CASE
In this case, the plaintiff was a legally qualified voter of the
Borough of Ayles bury and the defendant was the returning
officer.
The defendant wrongfully, maliciously and fraudulently
refused to register the vote of plaintiff.
Thus the legal right of the plaintiff to cast his vote was
infringed. But he did not suffer any actual loss because the
candidate for whom he wanted to tender the vote was elected.
Orders: It was held that the action was allowed on the ground
that the violation of plaintiffs statutory right was an injury for
which he must have a remedy and was actionable without proff of
pecuniary damage.

2. Bhim Singh v/s State of Jammu and Kashmir. [AIR 1986

Sc. 494]
FACTS OF THE CASE
In this case the petitioner was an MLA of Jammu and Kashmir
Assembly was wrongfully detained by the police while he was

going to attend the Assembly session. He was not produced

before the magistrate within the requiste period.
As the consequence of this the member was deprived of his
constitutional right to attend the Assembly session. There was
also violation of fundamental right to personal liberity guaranteed
under Art 21 of the constitution.
Orders: In this case Honble Supreme ordered to pay exemplary
damages of Rs.50,000/- to the petitioner
Thus the maxim Injuria Sine damno
means that
infringement of a legal right will give rise to an action irrespective
of the fact that no actual loss or damage has taken place.
b. DAMNUM SINE INJURIA
This Maxim means that no action will lie if there is actual
loss or damage but there has been no infringement of legal right
Where there has been no infringement of any legal right, the
mere fact of harm or loss will not render such act or omission
actionable although the loss may be substantial or even
irreparable. Damage so done is called damnum sine Injuria
That is actual or substantial loss without infringement of any
legal right and in such cases no action lies.
CASE LAW:
1. GLOUCESTAR GRAMMER SCHOOL CASE
FACTS OF THE CASE
In this case the defendant who was school master setup a
rival school to that of plaintiffs and because of the competition,
the plaintiff had to reduce there fees from 40 pence to 12 pence
and thus suffered damages.

Orders: In this case it was held that no remedy for the loss
suffered by them because there was no infringement of any legal
right.
2.MOGUL STEAMSHIP COMPANY V/S MAC GREGOR.GOW &
COMPANY.
FACTS OF THE CASE
In this case the defendants were owners of certain ships and
in order to secure an exclusive trade for themselves they formed
an association and reduced freight charges.
The plaintiff company thus had to sustain loss because he
had to reduce the freight charges for compensation. He filed for
damages.
Orders: It was held no action lay for the acts of the defendants
were done with the lawful objects and the plaintiff had no cause
of action.
The Maxim clearly states that where there is no infringement
of legal right there is no damages [remedy]
3.LEGAL REMEDY
The Third essential characteristics of a tort is that the
wrongful act complained of must be such that it gives rise to a
legal remedy in the form of action for damages.
The essential remedy for a tort is an action for damages.
Although there are other remedies also, yet, it is principally the
right to damages that brings such wrongful acts within the
category of torts.
CONCLUSION
Hence it can be concluded that the above mention 3
important essentials are required and are inter-related with each

other and damages have always been essential characteristic

which distinguishes tort form another civil injury.

Answer. 1(b)
the above mention problem is identical to a
leading case law which is has follows.
case law
1. Bhim Singh v/s State of Jammu and Kashmir. [AIR 1986 Sc.
494]
FACTS OF THE CASE
In this case the petitioner was an MLA of Jammu and Kashmir
Assembly was wrongfully detained by the police while he was
going to attend the Assembly session. He was not produced
before the magistrate within the requisite period.
As the consequence of this the member was deprived of his
constitutional right to attend the Assembly session. There was
also violation of fundamental right to personal liberty guaranteed
under Art 21 of the constitution.
Orders: In this case Honble Supreme ordered to pay exemplary
damages of Rs.50,000/- to the petitioner
In the above problem the legal right of an MLA of
Karnataka was violated under Art 21 of the Constitution in
depriving him to attend the Assembly session hence in
this case the maxim Injuria Sine Damno is to be applied.
a. INJURIA SINE DAMNO:

it means,

Injuria means infringement of a legally protected interest

(ie right) of the plaintiff.
Sine means without

damno means actual physical loss whether in terms of

money, comfort, health, service or the like.

So, Injuria Sine damno means that if a private right is

infringed, the plaintiff will have a cause of action even if the
actual physical damage is not there.
It means that if a private right is infringed the plaintiff will
have a cause of action even though the plaintiff has not suffered
any actual loss or damage.
Thus, according to this maxim what is necessary is the
infringement of a legal right and not the proof of actual loss or
damage.

Q.No.2(a) Explain the doctrine of Volenti non fit injuria with

exceptions.
Or
Discuss Vicarious Liability with help of decided
cases.
(b) Some military employees to the government found
firewood lying by the side of the river. They took it and used it for
camp fire and fuel, under the impression that it belonged to the
Government. The plaintiff, the real owner of the wood, brought
an action against government. Is the Government liable.
Or

X was passing by Ys house. Ys Dog attacked X

and tried to bite him. X took his gun and pointed it at the
dog. The dog got scared and started running back.. Still

X shot the dog and killed it. Y intends to file a suit

against X to recover damages. Advise Y
Answer no. 2(a)
SYNOPSIS

Introduction
Definition
Modes of vicarious liability
Vicarious liability is based on two important maxims
MASTER AND SERVANT
MAIN INCIDENTS OF MASTERS LIABILITY:-

Introduction
A general rule is that a man is liable only for his own act
but there are certain circumstances in which a person is liable for
the wrong committed by others. This is called Vicarious Liability
Definition
1. Salmond: In general a person is responsible for his own
acts, but there are exceptional cases in which the law
imposes on him vicarious responsibility for the acts of
another. However blameless himself.
Meaning.
So, the term vicarious liability denotes the Liability which A
may incur to C for damage caused to C by the
negligence or other torts of B.
Modes of
a. Liability
b. Liability
c. Liability

vicarious liability
by ratification. Ex. Contracts, agreements.
arising out of special relationship
for abetment.

 law of tort deal with vicarious liability in Liability

arising out of special relationship. The relationship are
as follows
Master and servant
Owner and Independent contractor
Principal and agent
Company and its director
Firm and its partners
Guardian and ward or father and child
Husband and wife
Vicarious liability is based on two important maxims
1. Qui facit per alium facit per se:2. Respondent superior
1. Qui facit per alium facit per se:It means that he who acts through another is deemed
in law as doing it himself
The masters responsibility for the servants act had also
its origin in this principle. The reason is that a person who
puts another in his place to do a class of acts in his absence.
The master leaves the servant to determine,
according to the circumstances that arise, when
an act of that class of work is to be done.
Trust him for the manner in which it is done
Consequently the master is answerable for the
wrong of the person so entrusted
For either in the manner of doing such an act or in
doing such an act under circumstances in which it
ought not to have been done
2. Respondent superior:Another Maxim is respondent superior ie the superior must
be made responsible or let the principal be liable.
In such cases not only he who obeys but also he who
command becomes equally liable.

This rule has its origin in the legal presumption that all acts
done by the servant in and about his masters business are done
by his masters express or implied authority and are in truth, the
act of the master.
The master is answerable for every such wrong of the
servant as is committed in the course of his service, though no
express command or privity is proved.
In law of tort master and servant liability is dealt with.
MASTER AND SERVANT
In order that the master may be held liable for the tort of his
servant following conditions should be fulfilled.
a. The person committing the tort must be servant
b. The servant committed the tort while acting in the course
of employment of his master
c. The act must be a wrongful act authorized by the
master or a wrongful and unauthorized mode of doing
some act authorized by master.
Since, master is liable for wrongful act of a servant 2 things
should be know that is
1. who is a servant?
2. What is the course of employment?
1. who is a servant?
To decide who is a servant the Theory of control was
levied but it had its own hardship in modern days
because of various and different employment like,
industries, factories, hospital , communication etc.
case law
1. In short v/s J.W. Henderson Ltd

In this case Lord Thankerton stated that

There must be contract of service between the master and
servant has laid down the following 4 indications
1.
The masters power of selection of his servant
2.
The payment of wages or other remuneration
3.
The masters right to control the method of doing the
work &
4.
The masters right of suspension or dismissal
Again this view was not satisfactory because the 3 rd element
states about control.
In another Case
Reddy Mixed Concrete (South East) V/s Minister
Pensions and National Insurance.
The contract of service may be said to exist if.

of

1. The servant agrees that in consideration of a wage or other

remuneration, he will provide his own skill and work in the
performance of some service for his master.
2. He agrees expressly or impliedly, that in the performance of
that service he will be subject to the others control in a
sufficient degree to make that other master
3. The other provisions of the contract are consistent with its
being a contract of service.
Thus a servant may be defined as any person employed by
another to do work for him on the terms that he is to be subject to
the control and directions of his employer in respect of the
manner in which his work is to be done.
A servant is thus an agent who works under the supervision
and direction of his employer, engaged to obey his employers
order from time to time.
2. The course of employment:A servant is said to be acting in the course of employment if,
1.The wrongful act has been authorized by the master.

2. The mode in which the authorized act has been done is

wrongful or unauthorized.
1. Case Law
Ricketts Case
Facts of the case
In this case the driver of the omnibus asked the conductor
to drive the omni-bus and turn it round to make it face in the right
direction for the next journey. But in doing so an accident took
place and severe damages also occurred.
Orders:-It was held that master is liable because the driver was
negligent in the performance of the masters work.
2. Case Law
Maharastra State V/s Kanchan Mala Vijay Singh [AIR
1995 sc 2499]
Facts of the case
In this case the Honble Supreme court has explained the
meaning of in course of Employment
The court stated that the law is well settled that the master
is vicariously liable for the acts of his servants acting in the
course of employment. The test is whether the acts was done on
the owners business or that it was proved to have been impliedly
authorized by the owner.
MAIN INCIDENTS OF MASTERS LIABILITY:Through 6 ways the master becomes liable for the wrong done by
servants in the course of their employment.
1. The wrong committed by the servant may be natural
consequences of something done by him with ordinary care
in execution of his masters specific orders.
Case Law

Gregory V/s Piper

Facts of the case
In this case there was some dispute between the defendant
and the plaintiff who where neighbours about the right of way.
In order to obstruct the plaintiff form using the way the
defendant instructed his servant to place rubbish across the
pathway, but do it so skillfully that it did not touch the plaintiffs
wall.
The servant carried out the orders of the master carefully,
but in course of time the heaped up rubbish began to single down
with the result that a portion of it touched the plaintiffs wall.
The plaintiff brought an action for trespass against the
defendant.
ORDERS:- It was held that the defendant was answerable,
because the initial act which the servant did was an authorized
one, and the damage resulting was the natural consequence of
the work done by him, however carefully it might have been
done.
2. Master will be liable for the negligence of his servant.
Case Law
Bayley v/s Manchester shiffed and Linocolnshire Rly
Facts of the case
In this case the duties of the porter of the defendant
company to prevent passengers from getting into the wrong
train.
The plaintiff a passenger was seated in the right train but
the porter under the mistaken belief that the plaintiff was in the
wrong train violently put him out of the carriage .

The act of the porter was certainly mistaken manner of doing

of the work entrusted to him, nevertheless the work was done in
the course of the servants employment and the defendant was
held liable.
3. Servants wrong may consist in excess of mistaken execution
of a lawful authority, but 2 things have to be established.
a. It must be shown that the servant intended to do on
behalf of his master something which he was in fact
authorized to do.
b. It has to be proved that the act if done in a proper manner
would have been lawful.
4. Wrong may be a willful wrong but doing on the masters
behalf and with the intention of serving his purpose.
5. Wrong may be due to the servants fraudulent act.
A master is liable also for the wrongful acts of his
servants done fraudulently.
It is immaterial that the
servants fraud was for his own benefit.
6. Wrong may be due to the servants criminal act:Though there is no such thing as vicarious liability in
criminal proceedings, yet in a civil action a master is liable in
respect of the criminal acts a servant, provided they are
committed in the course of employment.
Case law
Morris v/s C.W.Martin and sons Ltd
In this case the plaintiff had sent 5 coats to x to be cleaned
and X with her permission sent it to the defendants, who were
specialist cleaners. The defendants handed the coat to their
servant M to clean it and M stole the coat.
Orders: It was held by the court that the defendants were
liable
CONCLUSION :

It can be concluded that under the law of tort the

master is liable for the wrongful acts committed by his
servant under the course of employment.

Answer 2(b) In the above said problem the solution is as follows

The government is liable for the wrongful act of the
military employees because,
1. The military
government and

employees

are

the

servant

of

the

2.The military employees have done the wrongful act during

the course of employment , hence the government is liable
Case Law
State of Rajasthan V/s Mrs. Vidyawati [AIR 1962 SC
933]
In this case the question relating to the liability of the
government for the torts committed by its servants in the course
of employment was considered by the supreme court of India.

In this case a person was knocked down by a government

jeep car which was rashly and negligently driven by an employee
of the state of Rajasthan.
This car at the time of accident was taken from the repair
shop to the collectors residence and was meant for collectors
use.
Hence, the wife of the deceased filed a suit against the state of
Rajasthan.
Orders: The claim was allowed by the supreme court.

Q.no.3(a) Discuss the principle of Remoteness

Damage with reference to decided cases.

of

OR
Define Nuisance and Its Kinds
(b) A circus lion escapes and injures some spectators.
Discuss the liability of the manager of the circus for the
injury caused.
Or
A threw a lighted squib into the market house which
was crowded, which fell on the shed on B. B threw it
away in the same manner, which fell on the shed of C .
C also threw it away in the same manner, which burst
the face of P and injured him. Who is liable for the
injury.
Answer No.3(a)
SYNOPSIS

Introduction
Definition
Essential of Nuisance
Kinds of Nuisance
Conclusion

Introduction
The word Nuisance is derived from the French word nutre
and latin term nocere which means to hurt or to annoy.
Definition

It has been defined as anything which is injurious to health

or offending to the senses and which causes injury or damage or
annoyance or discomfort to others.
Essentials of Nuisance
In order that nuisance is actionable tort it is essential that
there should exist.
1.Wrongful Act
2.Damage or loss or inconvenience or annoyance caused to
another.
Examples: Noise, smell , pollution of air, water etc
The 2 main heads of Nuisances are,
1. Injury to the property
2. Interference with personal discomfort.
Definitions
Winfield: a tort of nuisance means an unlawful interference with
a persons use or enjoyment of land or some right over, or in
connection with it.
Salmond: The wrong of nuisance consists in causing or allowing
without lawful justification the escape of any deleterious thing
from his land or from elsewhere into land in possession of the
plaintiff,. ex. Water, smoke, smell, fumes, gases, noise, vibrations,
electricity, disease, germs, animals etc.
Meaning
Nuisance is commonly a continuing wrong that is to say it
commonly consists in the establishment or maintenance of some
state of things which continuously or repeatedly caused the
escape of obnoxious things on the plaintiffs land.

Case law
Ushaben Navinchandra Trivedi v/s Bhagya Laxmi Chitra
Mandri, [AIR 1978 Guj 13]
Facts of the case
In this case the plaintiff filed a suit claiming a permanent
injunction against the defendant (producer, director, writer etc of
the film) Jai Santhoshi maa restraining them from exhibiting the
cinema picture Jai Santhoshi maa.
The plaintiff stated that the persons having interest in
religion and mythology will be attracted by the picture and when
the same is seen by them it will hurt the feeling as goddess
saraswathi, laxmi and paravathi are depicted jealous.
Orders: The Gujarat high court dismissed the appeal and
held that the defendants were not liable . because the defendant
have clarified at the very commencement of the film that the
entire film is imaginary and hence film is not a annoyance and the
hurt to religious feelings is not recognized as a civil actionable
wrong.
Kinds of Nuisance: There are 2 kinds
1. Pubic Nuisance
2. Private Nuisance
1. Pubic Nuisance:A public or common Nuisance is one which materially
affects the reasonable comfort and convenience of
public in general or a class of people.
Public nuisance includes like carrying on an offensive trade ,
selling food unfit for consumption, obstructing public highways
and throwing fire works about in the street.

Public Nuisance is interference with the members of the

public in the exercise of their common rights on the highways.
A public Nuisance is a crime
Sec 268 of IPC: defines public nuisance as an act of illegal
omission which causes any common injury, danger or annoyance
to the public or to the people in general who dwell or occupy
property in the vicinity or which must necessarily cause injury
obstruction, danger or annoyance to persons who may have
occasion to use any public right.
Case Law
Ramdas and sons V/s Bhuwaneshwar Prasad Singh [AIR
1973 pat 294]
Facts of the case
In this case the defendants were the registered partnership
firm had taken a contract for laying a pipeline and for that
purpose they had dug out trenches by the side of the road in front
of a government hospital.
The trench was left open and it was neither fenced nor any
light was placed by the side of the trench as a security measure.
The plaintiff was going to the hospital at about 8.00.P.M . and
he fell into the trench and received injuries.
He filed a suit against the defendants and the court held that
defendant were held liable.
2. PRIVATE NUISANCE:It may be defined as unlawful interference with a persons
use or enjoyment of land, or of some right over or in connection
with it.
Elements of private Nuisance.

The essence of private nuisance is that it is an unlawful

interference and or annoyance which causes damage to an
occupier or land in respect of his enjoyment of the land.
The elements are,
1.unreasonable or unlawful interference
2.Such interference is with the use or enjoyment of land or
some right over, or in connection with the land and
3. damage
Private Nuisance may be with respect to property or personal
Physical comfort
1. Damage to property
2. Physical Discomfort
In case of physical comfort the act complained of must be
In excess of the natural and ordinary course of
enjoyment of the property, that is to say interference
must be with the enjoyment or use of land
Materially interfering with the ordinary comfort of
human existence.
Conclusion
It can
both are a
enjoyment
control the

be concluded that nuisance, whether public or private

wrongful act making another person inconvenience in
of the property. The aggrieved party has remedies to
nuisance.

Answer 3(b)
In the above problem the manager is liable for the injury
caused by the Lion to the spectators, the reasons is because

Under the absolute liability if any persons bring something

and keeps in is possession something likely to do mischief and if it
escapes and does any mischief the person is liable for the
damages.
Thus in the above problem the lion has escaped and has
done mischief means done injuries to the spectators, hence the
manager is liable for the injuries and damages.
Q.No.4(a) What is defamation, and explain it kinds.
Or
Explain False Imprisonment and state the defence
to an action of false imprisonment.
(b) A makes a charge against B where upon the magistrate
orders that B be taken into custody and determined until the
matter can be investigated. B sues A for false imprisonment
and claims damages. Decide
Or
Innuendo
Answer No. 4(a)
SYNOPSIS

Introduction
Definition:
Essential of defamation:
The kinds of defamation are as follows.
1.Libel
2.Slander
Conclusion
Introduction

A mans reputation is his property, more valuable than other

property. Every man has a right to have his reputation preserved
inviolate. It is right in rem means a right against all the world.
Definition:
1. Winfield:- Defamation is the publication of a statement
which tends to lower a person in the estimation of right
thinking members of society generally or which tends to
make them shun or avoid that person.
Defamation is the publication concerning a person of a
statement in words, writing by pictures or significant
gestures which exposes such person to feeling of hatered,
redicule or contempt whereby he suffers injury to his
reputation.
Thus defamation consists in using any language or
representation oral or written tending to bring the person of
whom it is published into hatred, redicule, or disgrace or to
injure him in respect of his vocation.
Essential of defamation:
Conditions of liability for defamation,
1. The statement must be defamatory
2. The statement must refer to the plaintiff &
3. The statement must be published.
The kinds of defamation are as follows.
1.Libel
2.Slander
1.Libel :- a libel is a publication of a false and defamatory
statement in some permanent from tending to injure the
reputation of another person without lawful justification or
excuse
In an action for libel the statement complained of must
be false, permanent in nature and published.

Libel must be in some permanent and visible form such

as writing, printing, pictures, or even by means of a
cinema film or gramophone record.
Libel is in all cases actionable per se that is without proof
of actual damage
when a statement is made in a
permanent form the law presumes that of necessity the
person defamed has suffered damages.
Case Law
Balram V/s Sukh sampat Lala [AIR 1975 Raj 11]
Facts of the case
In this case the plaintiff was a property broker, who
used to deal in property. The defendant in Lok Jiwan a
daily newspaper published an advertisement which
related to plaintiff in which the plaintiff was imputed with
doing fraudulent business.
For this publication the plaintiff brought an action
against the defendant and the publisher of the
advertisement.
Order:
The court accepted the contention of the
plaintiff and decreed the suit in the favour of the plaintiff.
2.SLANDER:A slander is a false and defamatory, verbal or oral
statement in transitory forms intending to injure the
reputation of another without lawful jurisdiction or excuse.
In slander the defamatory statement is made in spoken
words, or in some other transitory form, whether visible
such as gestures or in articulate but significant sound.
Slander when actionable per se
Slander is actionable one on proof of special damage
mere loss of reputation is not sufficient to constitute an
action for spoken words, there must be loss of some

material advantage some loss which is pecuniary or at

any rate, capable of being estimated in money.
In the following cases , however slander is actionable per
se is special damage to the plaintiff need not be proved.
1. When criminal offence is charged
2. Imputation of virulent disease
3. Incompetence of unfitness for office, profession or trade
4. Imputation of unchastity of women or girl
5. Aspersion on caste.
Conclusion
It can be concluded that no person should not speak or
defame any person in the society because the statutes or
reputation of the person will be the important and
precious property of any person in the society without
which he cannot exist.
Answer No.4 (b)
A statement may be innocent in its natural and ordinary
sense, but it may communicate defamatory meaning if it is likely
to be understood and in fact, under the light of certain existing
facts known to the persons to whom the statements has been
made. In such cases an innuendo is required.
By Innuedo is meant the explanatory statement that though
the words were not libelous in their ordinary meaning, they had in
fact a libelous meaning in the circumstances of the case.
Ex. Where the defendant publishes a statement which
according to him is not defamatory on the basis of facts known to
him but in fact defamatory owing to the facts not known to him
but known to the persons to whom it is made, the defendant will
be liable.

Q.No.5(a) Who is consumer ? Explain the objectives of the

Consumer Protection Act 1986.
Or
Explain the composition and jurisdiction of National Commission.
(b) Restrictive Trade Practice.
Or
District Forum.
Answer no 5(a)
SYNOPSIS
Definition
Case law
THE OBJECTIVE OF THE ACT
According to sec 2(i) (d) means any person who
1. One buys any goods for consideration which has been paid
or promised or partly paid and partly promised or under any
system of deferred payment and included any user of such
goods, but does not include a person who obtains such
goods for resale or any commercial purpose, or
2. Hires or avails of any services for a consideration which has
been paid or promised or partly paid or partly promised or
under any system of deferred payment and includes any
beneficiary of such services.
EX. A person hiring services from a travelling company
A person taking the services of post and telegraph
department after paying necessary charges
Allottees of flats by development authority
A person who takes a policy of insurance of goods.
Case law

M/s Spring Meadows hospital V/s Harjol Ahluwalial [AIR 1998

Sc 1801]
Facts of the case
In this case a minor child was being treated in a nursing
home in Noida but there being no improvement in the
condition of the child his parents brought him to M/s Spring
Meadows hospital where the child was wrongly injected by
the nurse without checking the injection brought from the
market. And because of this the child suffered cardiac arrest.
Thus the parents of the child filed a case against the
hospital authorities
Orders: The Honble Supreme court held that
If the parent of the child having hired the services of the
hospital are consumers within the meaning of the sec 2(1)
(d) (i) and child also is consumer and parents are also
consumers hence the hospital is liable to pay the damages
sustained by the child and parents.
THE OBJECTIVE OF THE ACT
To provide for the better protection of the interest of
consumers.
To establish consumer councils and other authorities for
the settlement of consumers disputes
To provide for matters connected with the above.
To provide for the better protection of interest of
consumer with a view to protect the interests of the
consumers and to save them from exploitation at the
hands of traders and other agencies.
Answer 5.(b) According to sec 2(1)(nnn)
A trade practice which tends to bring about
manipulation of price or it conditions of delivery or to affect
flow of supplies in the market relating to goods or services in

such a manner as to impose on the consumers unjustified

costs or restrictions and shall include
a. Delay beyond the period agreed to by a trader in supply of
such goods or in providing the services which has led or is
likely to rise in price.
b. Any trade practice which requires a consumer to buy hire
or avail of any goods or as the case may be services as
condition precedent to buying hiring or availing of other
goods or services.