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Hidayatullah National Law University, Raipur End Term

Examination, November -2014 B.A.LL.B. (HONS.)


SEMESTER-III Law of Torts Max. Marks: 60
Time Allowed: 3:00 Hrs. Note: Answer five questions
including Question No. 1 which is compulsory. The number
of marks carried by each question is indicated at the end of
the question.
8. Answer the following (each answer should be in
approximately 100 words):
(Marks 2×10=20)
a. What do you mean by contributory negligence? b. What is
understood by ‘Course of employment’? c. Define
negligence d. What are the defences available in case of
defamation to the defendant? e. What is Innuendo? f. What is
theory of reasonable foresight? g. Why the case ‘Rylands vs.
Fletcher’ is famous? h. Which theory was adopted in case of
‘wagon mound’ case? i. What is the role of Consumer
Council? j. Who may be an independent contractor? 9.
Discuss ‘inevitable accident’. Under what circumstances an
inevitable accident can be placed as a valid defense? Support
your answer with case laws. (Marks 10) 10. What
do you mean by the Doctrine of common employment?
Whether it is applicable in England and India currently?
(Marks 10) 11. “Where persons possess or use dangerous
things, they are bound to exercise more than ordinary care in
control of them and in any case, to keep them, safe at their
peril”. Discuss the above mentioned fact with suitable case
laws. (Marks 10)
12. Write short notes on any two of the following:-
(Marks 5×2=10) a. Doctrine of identification b. Malicious
prosecution c. Injunction 13. “The Consumer Protection
Act, 1986, can provide redress to a consumer through a
specially established set of courts, need not engage a lawyer
and could expect a much quicker relief.”
In the light of above, discuss the object of the Act with
power, function and Jurisdiction of various forums under the
Act. (Marks 10) 14. Discuss the defenses
available in tort of nuisance with case laws. When can a
private person claim damages under public nuisance. Cite
some relevant cases.

LAW of TORTS 2012


1. Answer the following (each answer should be in approximately 50 words) : (Marks 10x1=10)

i) What is meant by ‗res ipsa loquitur‘?

ii) How does a tort differ from a crime?

iii) Which of the following is a specific defence and why: a. Act of God b. Truth or Justification c.
Statutory Authority d. Necessity

iv) Who propounded the principle in the case of Donoghue v. Stevenson? Briefly narrate the principle
also.
v) What is meant by innuendo?

vi) Lloyed v. Grace Smith and Co. is related to which of the following heads? Explain its meaning a.
Vicarious liability of State b. Defamation c. Negligence d. Vicarious liability

vii) What is Public nuisance ?

viii) What is meant by maxim ‗Ubi Jus Ibi Remedium‘.

ix) How does libel differ from slander?

x) Can a husband sue his wife or vice versa for the injury caused to him/her?

2. a) Define Battery. How does it differ from Assault? Explain. (Marks-5)

a) In an auto taxi 7 passengers were travelling where 5 were on the back seat of the auto and 2 were
sitting in front on the driver‘s seat along with the driver. The driver was driving at a very high speed and
when he took a left turn in that speed one of the passengers sitting on the driver‘s seat was thrown out of
the auto taxi and got injured. He filed the case against the auto driver. Discuss the liability of driver.
(Marks-5)

3. a) What is the distinction between sovereign function and non-sovereign function? What is the
relevance of this distinction for the purposes of the vicarious liability of the State in the present era?
(Marks- 6)

b) A theft was committed in the house of Deendayal. He gave the information to police that he has
suspicion on Ramu (neighbour of Deendayal ). Police conducted the investigation and arrested Ramu.
When the final report was produced before the Magistrate, Magistrate discharged the accused (Ramu)
because of lack of sufficient evidences. After the discharge, Ramu filed a case against Deendayal for the
tort of malicious prosecution. Decide the liability of Deendayal. (Marks- 4 )

I.D. No. ___________________

4. a) What is nuisance? How does a private nuisance differ from a public nuisance? Distinguish between
nuisance and tresspass? (Marks-6)

b) A traffic police officer stopped Roni, a 19 years old boy, who was driving his bike and asked him to
produce his driving license and said to him ― I suspect you are not possessing a valid license‖, in front of
the other persons. Roni produces his valid license and filed a case against the police officer for the tort of
defamation. Decide the case. (Marks- 4)

5. a) Who is a consumer? Whether the person who buys the goods for commercial purposes can be
treated as a consumer under the Consumer Protection Act, 1986? Explain. (Marks-5)

b) What is ‗service‘ under the Consumer Protection Act, 1986? Whether services provided by a doctor
can be covered under this definition? Explain with case laws. (Marks-5)
6. a) ―The defendant in a tortuous litigation sometimes succeeds by pleading ‗Contributory Negligence‘
even if the injury is largely caused by defendant‘s negligence.‖ Examine the above statement in the light
of the principles of ‗Contributory Negligence‘ citing relevant cases. (Marks-4)

b) In a complaint case, an accused was convicted in the Trial Court but the conviction was set aside in
Appeal Court. Decide whether the case is fit for malicious prosecution or not. In the light of the above
also examine the elements of malicious prosecution. (Marks-6)

7. a) The general rule is that ―a man is liable for his acts‖ but in certain cases the law imposes liability
on a man for the acts and defaults of another. Discuss. (Marks-6)

b) Write short notes on any two of the followings: (Marks-4)

a. Statutory Authority b. Private Defence c. Unity theory

2011
1.

a. Define the term ―Service‖ as given in the Consumer Protection Act, 1986. Whether ‗Medical
Services‘ can be covered under the definition of this term? Discuss with the help of relevant
decisions. Marks- 6

b. A Transport Company purchased 10 cars for running these cars as Taxi by the drivers
appointed by the Company. Out of these 10 cars 2 were defective. The case was filed by the
Transport Company against the manufacturer for the defect in the cars under the Consumer
Protection Act, 1986. Whether the remedy will be available to the Transport Company under the
Consumer Protection Act, 1986? Marks- 4

2.

a. What do you understand by ―False Imprisonment‖? Discuss the essential elements of ―False
Imprisonment‖ with the help of relevant case laws. Marks- 5

b. Explain the maxim ―Volenti Non Fit Injuria‖ as a defence in Law of Torts. What are the
limitations of this maxim? Marks- 5

3.

a. What do you understand by ―Tort of Defamation‖? Discuss the essential elements which are
required to constitute the ―Tort of Defamation‖. Also state its defence. Marks- 6

b. A student named ‗Roni‘ committed misconduct in the college. For his misconduct he was
punished with a fine of Rs. 500/. A news was published in the news paper that Roni committed
misconduct in the college and he was punished for that with a fine of Rs. 1000/. Roni filed a case
against news paper agency for the tort of defamation. Whether news paper agency will be held
liable for the tort of defamation? Marks- 4

4.

a. Discuss the ―Rule of Strict Liability‖. Explain in brief the exceptions to this rule. How it
differs from the principle of ―Absolute Liability‖? Marks- 6

b. Elaborate the Principle of ―Res Ipsa Loquitur‖ with help of relevant cases. Marks- 4

5. Write short notes on any two of the following: Marks-10

i. Assault and Battery ii. Inevitable Accident iii. Act of God

End Term Examination, November - 2010 SEMESTER - I


LAW OF TORTS Max. Marks: 40 Max. Time: 3:00 Hrs. Note: (i) Answer any FOUR
questions. (ii) All questions carry equal marks.

1. a. Ram lends his expert cook to Madhav on Madhav‘s request for an evening. The cook finds
a bottle of Whisky in Madhav‘s kitchen and get drunk. Consequently he burns up all
preparations. Madhav is unable to entertain his guests and sues Ram for damages. Decide
(3 ½ Marks)

b. A group of Police Persons while conducting a search for terrorists found some firewood lying
by river side and carried the same away for purposes of camp fire and fuel. The fire wood was
that of plaintiff. The plaintiff wants to file a suit against Union of India- Advise him (3 ½
Marks)

c. ―There is no law of tort; there is only law of torts‖ – Salmond Discuss Pigeon Hole Theory in
the light of above statement. (3 Marks)

2.

a. AV Brothers & Co. was running a factory of fireworks. Mrs. Jain, an excise inspector, visited
the factory for regular inspection. At the same time there occurred an explosion and Mrs. Jain got
injured. Discuss about the liability of AV Brothers & Co. (4 Marks)

b. Elaborate the principles of Strict Liability and Absolute Liability. What are the differences
between these two? (6 Marks)

3.
a. The driver of a bus permitted the conductor, who was not authorized to drive the bus, to drive
the bus in order to turn it round to make it ready for the next journey. The Conductor drove the
bus negligently and caused an accident in which plaintiff got injure. Discuss about the liability of
Bus Owner. (3 ½ Marks)

b. Discuss what are the major defences of Tort of Defamation. (3 ½ Marks)

c. Define tort of Trespass to Land and explain its essentials with the help of decided cases.
(3 Marks)

4.

a. Mr. X, an employee of Mr. A, was drilling for the purpose of cutting a rock. At the same time,
with the help of a crane, stones were being conveyed from one side to the other, and each time
the crane passed from over the X‘s head. It was in the knowledge of X that the crane is passing
from over his head. A stone fell from the crane and injured X. The defense of volenti non fit
injuria was taken. Discuss about the liability of Mr. A. (2 Marks)

b. What are the differences between public nuisance and private nuisance? (3 Marks)
c. Explain the essentials of Assault and Battery with the help of decided cases. (5 Marks)

5.

a. Who is a ‗Consumer‘ under Consumer Protection Act, 1986 and elaborate with the help of
decided cases. (6 Marks)

b. Discuss the Composition and Jurisdiction of District Forum and National Commission under
the Consumer Protection Act, 1986