Hidayatullah National Law University, Raipur (C.G.

)
B.A. LL.B. (Honours)
Merged Mid Term & End Term Examination, December-2020
Semester-III
Law of Torts
Instructions
 Max. Marks: 60 (for written submission). Each assignment carries 30 marks.
 Each assignment to be of 2500 words exclusive of references
 Font: Arial or Times New Roman
 Font Size: 12 size
 Spacing: One and half line spacing
 30% Similarity with correct foot notes allowed. The content will be checked by Turnitin
 Submission of assignment should be in the PDF.
 Last date of Submission on or before January 17, 2021 (5:00 PM).
 The complete assignment should be sent to lt.dec2020@hnlu.ac.in
 After submission of assignment viva-voce shall be conducted for 20 marks
 The candidates are required to specify in their submission –
Name, ID No., Semester and Subject.

1. Lord Denning MR while referring to a professional, in Greaves & co. v. Baynham

Meikle & Partners 1975, stated that, “the law does not usually imply a warranty that he
will achieve the desired result, but only a term that he will use is reasonable care and
skill. The surgeon does not warrant that he will cure the patient nor does the solicitor
warrants that he will win the case.” Critically analyse the above statement in the light
of negligence (if any) in medical services rendered by medical/health professionals
during ongoing COVID 2019 pandemic. (Marks 30)

2. Dicey regarded the personal liability in tort by public officers as one of the tenets of the
rule of law: “With us, every official, from the Prime Minister down to a constable or a
collector of taxes, is under the same responsibility for every act done without legal
justification as any other citizen. The Reports abound with cases in which officials have
been brought before the courts, and made, in their personal capacity, liable to
punishment or to the payment of damages, for acts done in their official character but
in excess of their lawful authority.” Critically analyse the above statement in respect of
immunity available to judicial and quasi - judicial authorities with the help of decided
case laws. Can liability of judicial and quasi judicial authorities be ascertained? Answer
with reasoning and established laws. (Marks 30)

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