HLC0203

Register No.
H 2291

B.A. LL.B. (Hons.)/B.Com. LL.B. (Hons.)/B.B.A. LL.B. (Hons.)/

B.C.A. LL.B. (Hons.) DEGREE (SEMESTER) EXAMINATIONS, FEBRUARY 2022.

(For the candidates admitted from 2020 – 2021 onwards)

First Year — Second Semester

Paper X – LAW OF TORTS (Including Motor Vehicles Act and Consumer

Protection Act)

Time : 2 12 hours Maximum : 70 marks

PART A — (2 × 15 = 30 marks)
Answer TWO of the following in about 800 words each.

1. Discuss the rules laid down by the English and Indian courts on ―No fault
liability‖.

2. Critically analyse the vicarious liability of the State for the tortious acts of
employees. Refer to the relevant case law.

3. Analyse and explain the tests to determine remoteness of damage with the
help of landmark cases.

4. State the procedure to be followed by the District Consumer Forum on receipt

of a complaint.

PART B — (2  10 = 20 marks)
Answer TWO of the following by referring to the relevant provisions of law
and decided cases. Give cogent reasons.

5. Arun underwent a surgery for removal of stones in his kidney. The surgeon
Harry who performed the surgery, left a piece of gauze in the abdominal cavity
during the operation. Peritonitis developed which led to a second surgery being
performed on Arun. Decide the liability of Harry citing landmark Supreme
Court judgements on medical negligence.

6. Ragavan jumped into a well in order to commit suicide. Nitin, a

bystander, saw this and jumped into the well in order to save Ragavan. In
trying to save Ragavan against his will, Nitin sustained injuries. Can he claim
damages from Ragavan?

7. A dam was constructed for irrigation across a river. Provision was made for
release of excess water through sluice. Due to exceptionally heavy rainfall the
sluice proved inadequate and extra opening was made resulting in flooding the
agricultural land of X. X suffered a severe loss of agricultural production. Can
X recover damages for the loss? Decide.

[P.T.O.]
8. Mr. X, along with his wife Y, was travelling by a bus from Delhi to Meerut.
Due to the negligence of the driver the bus plunged into river, as a
consequence of which, X died on the spot and Y became unconscious. On
regaining consciousness she was informed about the death of her husband,
which caused her nervous shock and she remained bedridden for a month. She
filed a suit, claiming damages. Decide, in the light of judicial provisions.

PART C — (5  4 = 20 marks)

9. Write short notes on FIVE of the following in about 150 to 200 words each :

(a) Distinguish between a tort and a crime.

(b) Explain the importance of mental elements in Tort.
(c) Write a note on the liability of Independent Contractor.
(d) Explain Res Ipsa loquitur.
(e) What is Malicious Prosecution?
(f) Write short note on Innuendo.
(g) Restrictive trade practice – Explain.
(h) What is Third Party Insurance?

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