{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 11238 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)* ***