Symbiosis Law School, NOIDA

Constituent of Symbiosis International (Deemed University)

(Established Under Section 3 of the UGC Act, 1956 Vide Notification No. F.9 – 12/2001- U.3 of the Government of India)
Re Accredited By NAAC (UGC) with ‘A’ Grade |Approved by Bar Council of India
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Internal Continuous Evaluation (October 2020)
Tutorial
Course: Law of Torts including MV Accident and Consumer Protection Laws I
Semester -I (BA.LL.B/BBA.LL.B.)
(Batch: 2020-25)

Day and Date: Tuesday, December 8, 2020 Time: 03:00 PM – 04:30 PM

NAME
PRN NO.
20 DIVISION
Instructions:
1) Type the answers and Upload/ turn in after completion of tutorial.
2) Mention your name, PRN, Division and Batch.
3) The answers of tutorial must be submitted on ‘Assignment @Microsoft Teams’ between
4:30 PM - 4:45PM. Late submission will invite the penalty. Submission made between
4:46 PM - 5:00 PM will lead to deduction of 3 marks from the marks obtained in
Tutorial. Submission made between 5:01 PM – 5:15 PM will lead to deduction of 5
marks from the marks obtained in Tutorial. No submission will be accepted after 5:15
PM.
4) The examinees should complete all steps then submit and turn in the answer of the
Tutorial on ‘Assignment@Microsoft Teams’.
5) You are evaluated on understanding rather than recall and memorization.
6) The answer must be original. If it is found that the answer is copied from any source
then zero marks will be awarded.

Question 1. Mr. Manohar leaves a bullock cart unattended in a busy street. Hari a child of 5
years seeing the bullock cart unattended starts beating the bullock with a wooden stick. As a
result, the cart starts running causing grave danger to a woman and some children in the street.
Mr. Good Samaritan, a passerby, on seeing the same manages to stop the bullock cart, but in
doing so he himself suffers serious personal injuries. Mr. Good Samaritan files a suit against Mr.
Manohar, the owner of the bullock cart for compensation towards the injuries sustained.
Argue either in favor of the plaintiff, Mr. Good Samaritan OR the defendant, Mr. Manohar.
Discuss the tortious liability or defenses (as applicable) with the help of essentials, concepts and
case laws. (10 Marks)

Question 2. Mr. X was travelling from Delhi to Kanpur in the month of December via Bullet
Express Train. Owing to the weather the train was delayed for 12 hours. Mr. X decided to spend
the time by visiting nearby tourist spots in Delhi. He went to the station cloak room to drop off
his luggage for safe keeping. The station cloak room worked with a capacity of 10 staffs working
in different shifts. Mr. X handed over his luggage to Mr. Satish who handed him a receipt for the
luggage kept in the station cloak room. The receipt had the details of the number of luggage but
Mr Satish failed to sign the receipt before he handed it over to Mr. X. When Mr. X returned after
11 hours to the station to collect his luggage from the cloak room, Mr. Narayan, who was the
staff working during that shift declined to hand over the luggage to Mr. X. Mr. Narayan stated
that since the receipt was not signed by Mr. Satish, he could not release the luggage of Mr. X.
Mr. X could not collect his luggage and missed his train as well.
Mr. X sued the station cloak room authorities for breach of contract. He was granted a
compensation of Rs. 20,000 by the courts. Mr. X then decided to sue station cloak room
authorities for Detention or Detinue for wrongfully holding the movable property of Mr. X under
torts. He files a suit in the civil court for detention of movable property against station cloak
room authorities.
You are the counsel for the station cloak room authorities. Advise your client on the
abovementioned proposition with the help of essentials, concepts and case laws. (10 Marks)