{This question paper contains 6 printed pages.] 1238 Your Roll No. voces WT HERE LL.B. —_ JS I Term Paper LB-103 ~ LAW OF TORTS Time : 3 Hours Maximum Marks; 100 war: 3 We goer : 100 (Write your Roll No. on the top immediately on receipt of this question paper.) (3a wHt- 7a @ Rat & aw fee ay Ruiter CHT Re HTH HERAT lene 1) Note .~ Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper. ‘fear :- er aera wT FER satet ar fed fet van are Gia, Afr wh sey ar mere va OM sar ae! Attempt Five questions including Question No. 1 which is compulsory. All questions carry equal marks. oral wer wares 1 ala ayer ata war wierd eat wet a er art Bi P.T.O.1238 2 1. Attempt any four of the following : (i) Defence of vis-major (ii) Res ipsa loquitur (iii) Distinguish between tortious liability and criminal liability (iv) Exceptions to the maxim Volenti non fit injuria {v) Defence of Qualified Privilege Pefefaa Fo fra ue S sa fer: (i) 2a Gea A whacer (i) era yer (iii) arp ward after ak ga BAH ales Sa azar aie) | . . (iv} af volenti non fit injuria @ Hare (v) ater Rarer at wae 2. Explain the essential elements of a Tort highlighting the maxim “Injuria sine damno”. The plaintiff suffered massive monetary loss due to his unauthorised banquet hall, located in a residential colony, being selectively seated, by the competent authority, in compliance with a resolution passed by his political rivals. Decide, whether tortious liability arises in this Case. aie “fan a Saf” an gon we ae oT Se aren deat at eae Af 11238 3 ard a suardia aeat F Rat amet amiga ara via Sh aan at fia a sort af Bret was wen’ ere al & woriftes vfered aa ute wera & aquest ¥ was ae Star ae fear nar at fara aie far ga Aa % aa a ager werd aia act 21 3. A asks for a lift from a motorist B.-A ts told by B : “Iam not an expert driver. I am without a driving licence too. You may travel at your own risk”. A travels with B. Later, the motor vehicle collides with a bus due to defective brakes of B’s Vehicle. A sues -B for injuries suffered by him in the accident. B takes the plea of volenti non fit injuria. Decide, after discussing the whole law relating to the aforesaid maxim. ve aeons, Ba free Fin 21 BAA A ae Ra, “Ft ae waa wat gi Rowe geet creda A a2) aa art wa fh oie wat a aad PU A ABA aT em fra) ae % Boom Hew te eee BA A ane ae a cara on 3) Bice Faget aff Fg ALB wt ae wea 21 B ‘Volenti non fit injuria’ afte a sftara, aat 2 i / ahr afer @ watua wat A a Rae ee A ae | fahrera afi 4. Discuss the legal principtes relating to the tort of Negligence. A was going on a motor cycle on a road adjoining a piece of land owned by B. Some children were playing P.T.O.1238 4 football on that land with the permission of B. The ball, when kicked by a child, crossed the boundary of the land and went on to the road. The ball caused A to have an accident which resulted in his death. The widow of A filed a suit for damages against B on the ground that B was negligent in allowing the children to play on his land without taking proper precautions so as to present the ball from going to the road. Decide the liability of B. Ra we wap S a F Als ard a aa atten 1 Awe ugha « BS cafes aed y-ae F oe ant aH RW Tl |e a BM sepfe a va Mi we Qa aa @ 8 we ae SF fe Ry we w dia aes ot am @ wet ait ae wa wea wom fit: dia aa A B wea qden ants a wg frat oftreded seat yey a 1 A a Rua YB A fee qrart tg ae w amor Ww wet Pron Re aftr gefeurt fre far we amt yf waar a agai 4 FB wea 7 fee aa Bl at wee WW Stat aT) BOS ated ar fareaa aAfare 1 : 5. (a) Critically examine the development of the law relating to Remoteness of Damages. Which test you prefer for deciding the questions of remoteness of damages. Give reasons for your answer. (b) Critically explain the concept of “thought the unaided agency of one’s own senses”.1238 5 (&) Faart ft wea 3 wafus Bite Bare A whe or-ar AR | Teart FH wera Bower at faites wer tq ae ala we at cats 2a 1 wa Te aifare | (@) “fat @ ead Sonate S geea are A eT SU w Weert A ahaa ore Afr | 6. What is ‘No Fault Liability’ ? A and B Co. Ltd. was engaged in hazardous and inherently-dangerous activity. Deadly toxic gas leaked as a result of an earthquake. Exposure to the toxic gas Caused death of at least one thousand persons in and around the plant premises. Explain the law to be applied for deciding the liability of A and B Co. Ltd. “fr weg alae” sar ater 2? ‘A and B Co. Ltd.’ oRiacr sit arated: caer fem aeart % ent ef A yard S Geared ues fate We feet ot fateh te S aera F art a aa F afta How vet x-fird aa 8 an ue com altel ot eq Bt w$1 A and B Co. Ltd. @ afiea wt ART wea Bg AR, St WT wet fA aT ere aifarg 7. Critically examine the development of the law relating to vicarious liability of the State. Also state the main features of this liability. One quintal of silver was stolen from the shop of A. The whole quantity of silver was recovered by the . P.T.O.1238 6 police from B who was prosecuted for the offence of theft. Pending decision of the’ prosecution the silver was deposited in the police Malkhana from where the same was again stolen by some one due to negligence of the officer-in-charge of the Malkhana. Decide the liability of the state. wa 3 soit afca ward far A flare ot eterna er-aa aT) A ot gar @ ve faea ad qe of a gaa a B S.0 wen 8 wad are ae ah ae) BR Ta BS ar a af warn wa after & fafa & affad wa alata gfe arenary Yo wer we fear aan set a se areert Sat see A ten Saree eat ge Fee 1 eo @ alter ar faftsaa atfee 1 8. Discuss essential conditions of the tort of Defamation. Also distinguish between libel and slander. ARB S wae A sac wal sar Raa aie | HHT aa at art aa & da te A oe aifae (800)* ***