LA: 4 (Law of Torts – II)

Faculty Notes

Faculty Notes
Time: 120 Minutes

 Topics to be covered in this handout are as follows:

 Principles of Liability
 Types of Torts: Negligence, Nuisance, Battery, Assault, Wrongful Restraint,
Wrongful Confinement, Malicious Prosecution, Defamation

What follows is an analysis of Questions pertaining to Vicarious Liability, Private

Defence, Trespass and Miscellaneous covered under Law of Torts in entrance Exams
like CLAT, NLU (D) and Symbiosis from the year 2008 to 2019:

Vicarious Private Miscellaneou

Exam Trespass
Liability Defence s
CLAT 5 Questions 3 Questions 3 Questions 1 Question

NLU (D) 5 Questions 2 Questions 2 Questions Nil

Symbiosi
2 Questions 2 Questions 1 Question 1 Question
s

 Introduction & Theory: 90 minutes

 Class Exercise: 30 minutes

1
 LA: 4 (Law of Torts – II)
Faculty Notes

Class Assignment
General definitions

Mark the most appropriate answer

1. What is the meaning of the expression ‘Vis Major’?

(a) Act of God
(b) Act of a human being
(c) Act of a stranger
(d) None
2. What is the meaning of the expression ‘ex turpi causa non oritur actio’?
(a) From an immoral cause no action arises
(b) From an immoral cause action arises
(c) Act forbidden by law
(d) None
3. What is the meaning of the expression ‘volenti non fit injuria’?
(a) Consent to suffer harm
(b) Inevitable accident
(c) Act of God
(d) None
4. What is the meaning of the expression ‘Damnum Fatale’?
(a) Act of God
(b) Inevitable accident
(c) Necessity
(d) None
5. What is the meaning of the expression ‘Inevitable’?
(a) That cannot be avoided
(b) That is bound to happen
(c) Both a & b
(d) None

General Defences
Directions for Questions 6 to 13: Given below are a legal principle and a factual situation. Apply the given legal
principle to the factual situation and select the most appropriate answer given below.
6. PRINCIPLE: An intentional act, even if resulting into harm to somebody, is a defense if the same is done to
prevent greater harm. It is termed as ‘necessity’.
FACTS: A, a social activist, is on hunger strike and is forcefully fed by B, a doctor, to save his life.
A brings an action against B.
Which one of the followings is the most appropriate answer?
(a) B can avoid liability by pleading the defense of necessity
(b) B’s liability arises because he used force against A.
(c) B has prevented A from committing suicide. So B is liable.
(d) None
7. PRINCIPLE: The law permits the use of reasonable force to protect one’s property.
2
 LA: 4 (Law of Torts – II)
Faculty Notes

FACTS: A, a land owner, has laid down live electric wire all along his boundary wall to protect his property. B,
by mistake, touches the live wire and thereby sustains injury.
B brings an action against A.
Which one of the followings is the correct alternative?
(a) A cannot avoid liability because he employed unreasonable means to protect his property.
(b) A can employ any force to protect his property
(c) B was negligent about his own safety.
(d) None
8. PRINCIPLE: The law permits the use of reasonable force to protect oneself in the face of imminent or actual
danger.
FACTS: A gently touches B. Thereupon, B draws his sword and cuts A’s hand.
A brings an action against B.
Which one of the following is the correct alternative?
(a) B is liable because he employed unreasonable force in private defense
(b) B cannot avoid liability by pleading private defense
(c) A is liable because he caused B to use such force
(d) None
9. PRINCIPLE: The law permits the use of reasonable force to protect oneself in the face of imminent or actual
danger.
FACTS: B gently strikes A with a stick and thereafter, started running. A uses force to stop him and severely
injures him.
B brings an action against A. A tries to avoid liability on the premise of the ‘Doctrine of Private Defense. Which
one of the followings is the correct alternative?
(a) A will be liable because he employed unreasonable force in retaliation.
(b) A will be liable because there is no justification for the use of force against B when there was not any threat.
(c) A will be liable because the force was employed not in private defense.
(d) All the above
10. PRINCIPLE: If a plaintiff consents to a harm, he disentitles himself from a remedy on sustaining harm.
Moreover, it is not necessary that the consent must necessarily he expressed.
FACTS: A driver was taking a jeep to fill petrol in the tank. One stranger took life in the jeep. All of a sudden,
one of the bolts fixing the right front wheel to the axle gave way toppling the jeep. The stranger sustained injury.
He brings an action for the injury sustained against the driver and the owner of the jeep.
Which one of the followings is the most correct alternative?
(a) Driver cannot be held liable because it was a sheer accident.
(b) Owner cannot be vicariously held liable because it was purely a case of accident.
(c) By voluntarily taking lift the plaintiff has impliedly consented to the kind and way of harm he sustained.
(d) All the above
11. PRINCIPLE: The Defense of Consent is effective only to the extent the same is consented to.
FACTS: The plaintiff, a woman, noticed development of a painful lump in her breast. The lump was not affecting
her uterus in anyway. However, during surgery, the doctor removed her uterus without any justification. She
brings an action against the doctor.
Which one of the followings is the most correct alternatives?
(a) Doctor is liable because he, without any justification, crossed the limit of consent.
(b) Doctor can avoid liability by pleading the Defense of Consent.
(c) Doctor can avoid liability on the ground that to human.
(d) None

3
 LA: 4 (Law of Torts – II)
Faculty Notes

12. PRINCIPLE: Inevitable accident is an effective general defense. It means an unexpected injury caused to a
person that could neither be foreseen nor could have been avoided despite reasonable care.
FACTS: A has a mustard oil mill along the highway. He spreads adulterated mustard oil on the highway in the
night to protect himself from the raiding party of the Food & Safety Department. B, who is driving his car at a
moderate speed, losses his balance there and meets an accident.
B brings an action against A.
Which one of the followings is the most correct alternatives?
(a) A can avoid liability by pleading the ‘Defense of Inevitable Accident’.
(b) A is liable because he has been negligent.
(c) A is not liable because he has spread adulterated oil
(d) None
13. PRINCIPLE: Rescue case is an exception to the Doctrine of ‘volenti non fit injuria’. When the plaintiff
voluntarily encounters a risk to rescue somebody from an imminent danger created by the wrongful act of the
defendant, he cannot be met with the defense of volenti non fit injuria.
FACTS: Defendant left a two-horse van unattended in a street. A boy, aged about 6 years, threw a stone on the
horses and they bolted, causing grave danger to women and children on the road. A police constable, who was on
duty inside a nearby police station, on seeing the same managed to stop the horses but he himself sustained
grievous personal injuries. The police constable brings an action against the defendant.
Which one of the followings is the most correct alternative?
(a) Defendant can avoid liability by pleading the Doctrine of volenti non fit injuria.
(b) The boy can be held liable because he was negligent
(c) Defendant is liable because plaintiff sustained injury by his (defendant’s) wrongful act
(d) None

Directions for Questions 14 to 20: Given below are two statements. One is of Assertion (A) and the other is of
Reason (R). Choose the correct alternative.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true and R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
14. Assertion (A): Necessity is an effective general defense under the Law of Torts.
Reason (R): It is resorted to avoid greater damage.
Answer: (a)
15. Assertion (A): Generally, exercise of statutory authority even if it results into injury to a person is not actionable.
Reason (R): One of the legal presumptions is that the law can do no wrong.
Answer: (a)
16. Assertion (A): Act of God is an effective general defense under the Law of Torts.
Reason (R): Law is rational.
Answer: (a)
17. Assertion (A): Generally, right to private defense is recognized in every legal system.
Reason (R): Law wants people to be coward.
Answer: (c)
18. Assertion (A): The Doctrine of volenti non fit injuria is inapplicable in rescue cases.
Reason (R): Law expects people to extend helping hand, even risking one’s safety, to others who are in the
immediate need of help.
Answer: (a)

4
 LA: 4 (Law of Torts – II)
Faculty Notes

19. Assertion (A): The court denies a spectator action to claim damages against the owner of the football stadium for
the injury sustained by him while watching a football match.
Reason (R): Whosoever goes to watch such tournament impliedly consents to such harm or injury.
Answer: (a)
20. Assertion (A): The Doctrine of volenti non fit injuria is an effective defense for the defendant.
Reason (R): Plaintiff cannot be allowed to enforce that right which he voluntarily waived.
Answer: (a)

Vicarious Liability

21. A is held liable for the wrongful act of B. Such liability is called:
(a) Strict liability
(b) Absolute liability
(c) Vicarious liability
(d) None
22. The Concept of Vicarious liability‘ is applicable in Civil law. However, it is confined to certain relationships
under the civil law. Which one of the followings is the correct alternative?
(a) Principal and agent
(b) Between partners
(c) Master and servant
(d) All the above
23. Respondeat superior means:
(a) Let the principal be liable
(b) Let the agent be liable
(c) Let the principal and agent be jointly held liable
(d) None
24. Quit facit per alium facit per se means:
(a) Let the agent be liable
(b) Let the principal and agent be jointly liable
(c) He who does an act through another is deemed in law to do it himself
(d) None
25. Certain maxims are related with the ‘Concept of Vicarious liability’. Which one off the following is the correct
alternative?
(a) Respondeat superior
(b) Qui facit per alium facit per se
(c) Damnum sine injuria
(d) Both a & b
26. A Principal is held liable for the act of his agent if it is done:
(a) Outside the course of employment
(b) Within the course of employment
(c) For the benefit of the principal
(d) None
27. When an agent commits a wrong during the course of employment of his principal, the injured can bring an
action:
(a) Only against principal
(b) Only against agent
(c) Either against the principal or against the agent or against both
5
 LA: 4 (Law of Torts – II)
Faculty Notes

(d) Neither against the principal nor against the agent

28. Which one of the followings is the correct answer as regards ‘vicarious liability’:
(a) The liability of principal and agent are joint and several
(b) The liability of principal and agent are joint
(c) The liability of principal and agent are several
(d) None
29. A Principal is vicariously liable if:
(a) There is principal-agent relationship
(b) The wrongful act has been done by the agent during the course of employment.
(c) Both a & b
(d) None

Directions for Questions 30 to 33: Given below are a legal principle and a factual situation. Apply the given
legal principle to the factual situation and select the most appropriate answer given below.
30. PRINCIPLE: Principal is held liable for the wrongful acts of his agent done in the course of the former’s
employment.
FACTS: A has a saving account in the Prime Bank of India (PBI). His friend B is an employee in the said Bank.
A in order to deposit 25,000/ rupees in his account visited B’s house in the evening and delivered the said amount
to him. B misappropriated the money.
Which one of the followings is the correct alternative in an action brought by A?
(a) PBI is vicariously liable for the wrongful act of B because B is an employee of the bank.
(b) PBI cannot be held vicariously liable for the wrongful act of B because the said act was not done during
the course of employment of the bank.
(c) PBI is vicariously liable for all the wrongful acts of B, whether done within or outside the employment,
because B is an employee of the bank.
(d) None
31. PRINCIPLE: Principal is vicariously held liable for the wrongful acts of his agent done in the course of the
former’s employment.
FACTS: A has a saving account in the Prime Bank of India (PBI). His friend B is an employee in the said Bank.
A in order to deposit 25,000/ rupees in his account visited the bank and gave B the said amount during working
hours. Owing to workland, B assured A that the receipt will be send to his house by a staff of the bank. But B
misappropriated the money.
Which one of the followings is the correct alternative?
(a) PBI is vicariously liable for the wrongful act of B.
(b) PBI cannot be held vicariously liable for the wrongful act of B because the said act was not done during the
course of employment of the bank.
(c) PBI is vicariously liable for all the wrongful acts of B, whether done within or outside the employment,
because B is an employee of the bank.
(d) None
32. PRINCIPLE: The relationship between the partners is that of principal and agent.
FACTS: One of the two partners of the defendant’s firm, action within partners of the defendant’ firm, acting
within the general scope of his authority as a partner, bribed the plaintiff’s clerk and induced him to make a
breach of contract with his employer (plaintiff) by divulging secrets relating to his employer’s business. That is,
the clerk was induced to make a breach of contract.
Which one of the followings is the correct alternative if the plaintiff brings an action?
(a) Both the partners can be held liable
(b) Plaintiff must be held liable for his failure to exercise effective control over his clerk.

6
 LA: 4 (Law of Torts – II)
Faculty Notes

(c) Both the partners cannot be held liable

(d) None
33. PRINCIPLE: A master is liable for the negligent act of his servant done in the course of employment.
FACTS: A servant, the driver of a petrol lorry, while transferring petrol from the lorry to an underground tank
stuck a match to light a cigarette and threw it on the floor.
Which one of the followings is the correct alternative?
(a) Master is vicariously liable for the negligent act of his servant.
(b) Master cannot be held vicariously liable because his servant conduct was not illegal.
(c) Master cannot be held vicariously liable because to light a cigarette for smoking is injurious to health but no
illegal.
(d) None

Directions for Questions 34 and 35: Given below are two statements. One is of Assertion (A) and the other is of
Reason (R). Choose the correct alternative.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true and R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
34. Assertion (A): Under vicarious liability, the injured is entitled to bring an action against the master only.
Reason (R): Master has a bigger pocket.
Answer: (d)
35. Assertion (A): A person situated in certain relationship with another person can be vicariously held liable for the
wrongful act of the latter if the said work is done within the course of employment of the former.
Reason (R): Because of the legal maxim Qui facit per alium facit per se.
Answer: (a)
36. What is the meaning of the expression ad infinitum:
(a) Having no end
(b) Limited
(c) Intermeddle
(d) None
37. What is the meaning of the expression novus actus interveniens:
(a) Breaking the chain
(b) New act intervening
(c) Both a & b
(d) None

Absolute and Strict Liability

Direction for Questions 38: Answer the following question after application of facts on the principles contained
below.
38. PRINCIPLE 1: A person is held liable only for the proximate consequences of his wrongful conduct but not for
the remote consequences of his wrongful conduct.
PRINCIPLE 2: It is not necessary that the event which is immediately connected with the consequences is
proximate and that further from it is too remote.
FACTS: A threw a lighted squib in a crowd, it fell upon X. X, in order to avoid injury to himself threw it further
and it fell on Y. Y, so as to avoid injurt top his person, threw it on B. As a result, B lost both his eyes.
Who according to you must be held liable to B?
(a) A

7
 LA: 4 (Law of Torts – II)
Faculty Notes

(b) X
(c) Y
(d) None
39. One of the greatest contributions of the Indian Judicial System in the field of Law of Tort is the laying down the
‘Rule of Absolute Liability’. In which one of the following cases this rule was laid down by the Supreme Court of
India:
(a) Ryland v. Fletcher
(b) M C Mehta v. Union of India
(c) Klaus Mittelbachert v. East India Hotels Ltd.
(d) None
40. When the Rule of Strict Liability is invoked in a case what kind of damages is awarded by the Court?
(a) Ordinary
(b) Special
(c) Exemplary
(d) Nominal
41. When the Rule of Absolute Liability is invoked in a case what kind of damages is awarded by the Court?
(a) Ordinary
(b) Special
(c) Exemplary
(d) Nominal
42. The Rule of Absolute Liability is criticized on the ‘ground of bringing in the feature of criminal jurisprudence in a
civil action for compensation? Which one of the following is such feature:
(a) Awarding exemplary compensation
(b) Allowing no exceptions
(c) Both a & b
(d) None
43. In the wake of the Apex Court decision relating to Absolute Liability in M C Mehta v. Union of India case, which
one of the following enactment was made to provide expeditious relief to the victims, who are handling hazardous
substances, through insurance?
(a) The Public Liability Insurance Act, 1991
(b) Indian Contract Act, 1872
(c) Negotiable Insurance Act, 1881
(d) None

Directions for Questions 44 to 47: Given below are two statements. One is of Assertion (A) and the other one is
of Reason (R). Choose the correct alternative.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true and R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
44. Assertion (A): When Rule of Absolute Liability is invoked in a case, the defendant can’t avoid his liability. The
defendant is bound to pay damages.
Reason (R): Rule of Absolute Liability doesn’t allow any exception or provide for any defences.
Answer: (a)
45. Assertion (A): When Rule of Absolute Liability is invoked in a case, the court award exemplary damages.
Reason (R): The defendant is under a duty and has capacity to pay it.
Answer: (a)

8
 LA: 4 (Law of Torts – II)
Faculty Notes

46. Assertion (A): The Role of Strict Liability does not allow any exceptions.
Reason (R): The defendant in an action under the Rule of Strict liability can avoid liability by pleading that the
alleged wrong was the result of plaintiff’s own default.
Answer: (d)
47. Assertion (A): The Rule of Strict Liability is also called the rule of no-fault liability.
Reason (R): The defendant is held liable for no guilt on his part.
Answer: (a)
48. The Rule of Strict Liability is also called:
(a) Rule laid down in M C Mehta v. Union of India case.
(b) Rule laid down in Rylands v. Fletcher case
(c) Rule laid down in Nichols v. Marsland case
(d) None

Negligence
49. PRINCIPLE: Negligence is a tort. Negligence involves the breach of a reasonable duty of care causing injury to
the victim. To the extent that the injury to the victim is caused by his own negligence, the tortfeasor is absolved of
liability.
FACTS: A, a bus driver, is driving on the wrong side of a road to avoid a huge traffic jam. B is driv ing down that
side of the road, but not paying attention to the road, as he is trying to change the radio station. A is charged with
negligence. Is he liable?
(a) Yes
(b) No
(c) Maybe
(d) Only if B is also held liable
50. PRINCIPLE: Negligence is a tort. Negligence involves the breach of a reasonable duty of care causing injury to
the victim. To the extent that the injury to the victim is caused by his own negligence, the tortfeasor is absolved of
liability".
FACTS: A is trying to get from Noida to Allahabad, but all the buses and trains are full. He begs and pleads, and
the driver of one bus allows him to sit on the roof of the bus. The driver drives very fast and A falls off and injures
him. Is the driver liable for negligence?
(a) Yes
(b) No
(c) Cannot be determined
(d) Only if A is also liable