CERTIFICATE COURSE ON LIABILITIES

UNDER TORT

ASSIGNMENT

Name : - RAKESH KUMAR BAROI

Email ID :- rakeshkumarbaroi1998@gmail.com

Contact no. – 7063958592

ONE WORD/ONE LINER QUESTIONS

Liabilities under Torts (ASSIGNMENT)

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 2 Marks Each

1. The State was not held liable under vicarious liability while discharging which
functions?

Answer 1 :- The ruling principle is that government is not liable for torts committed by its
employees in the exercise of sovereign function. Sovereign functions are those functions that
can be exclusively performed by the government.

2. Who gave the pigeon hole theory?

Answer 2 :- Salmond

3. Which Doctrine of Tort law was present in the Bhopal Gas Tragedy case?

Answer 3 :- The doctrine of Absolute liability was Bhopal Gas Tragedy case.

4. Torts has originated from which nation?

Answer 4 :- Torts has originated from England ( common law England)

5. Which Liability is absolute in Tort?

Answer 5:- Liability “ without fault” is absolute in Tort.

SUBJECTIVE QUESTIONS [Within 100 Words]

5 Marks Each

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 1. Explain the present-day relationship of husband and wife under Vicarious Liability?

Answer 1:- Vicarious liability was not recognized by the common law as tortuous
relationship. The doctrine of vicarious liability considers the partners as one person (husband
& wife). Thus, if the wife is injured by the husband, due to the action or decisions of the
husband which was influenced by the employer is considered to be negated under the
immune law. Thus the employer is never relieved from his legal responsibility.

2. Will cab drivers attract Vicarious Liability?

Answer 2 :- Yes, According to the ‘right to control’ principle under vicarious liability, cab
drivers should be considered employees, not independent contractors. We had to examine
how cab drivers operate in order to comprehend how TNCs like Uber govern the cab driver's
profession. Customers have to download the cab's mobile application. once a customer has
made a reservation through a mobile app. A list of registered drivers who are close to the
customer's location is searched by the cab service. Cabs are allowed to pick the driver they
want to take them. It's vital to remember that Uber drivers have no influence over who gets
picked as a passenger. Cab policy forbids the driver from asking the passenger where they are
going after he accepts the ride. After receiving a ride, drivers cannot independently request an
objective. They must compel fully accept the destination.

Cab drivers do not choose the fares or the route that passengers will take to get to their
destination, in addition to not having any say in the choice of passengers. So, how are they
compensated? If the consumer pays the fare online, it first enters the taxi computer system
before being sent to the driver's account.

3. What is the difference between Strict and Absolute Liability?

Answer 3 :- Strict responsibility happens when the court holds one party responsible for
losses even though they were neither careless or wellful. However, the employer is

Liabilities under Torts (ASSIGNMENT)

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accountable for labour law benefits if a worker is hurt. The injury's aetiology doesn't matter.
Liabilities are frequently covered by employers. Totally responsible. Many defences exist for
strict liability crimes. Although the perpetrator will be convicted in a maximum number of
cases, absolute culpability creates a high degree of criminal duty. Individuals have strict
culpability, but businesses have absolute liability. In strict liability, harmful components must
leave the owner's property. Escape is not necessary for absolute guilt. The defendant is
exempt from strict liability. Absolute defendant culpability prohibits exceptions. Hazardous
element damages are the defendant's responsibility.

How's compensation?

Compensation is based on strict liability. Liability compensation discourages. The price

determined must exceed the damage because industrial accidents kill many people and ruin
property and the environment. The organization's size and finances determine damages.

4. Was Kasturi Lal v. State of U.P. rightly decided?

Answer 4:- In Kasturi Lal and Ralia Ram Jain v. State of U.P., the Supreme Court said that
the State is not responsible because the police officers did something wrong while using
powers they were given by the state. The Court said, "It must be remembered that when the
State pleads immunity against claims for damages resulting from injury caused by negligent
acts of its servant, the area of employment related to sovereign powers must be clearly
defined." Before such a defence is accepted, the Court must always find that the act in
question was done as part of a job or project that involved the use of assigned sovereign
powers.

ANALYTICAL QUESTIONS [Within 200 Words]

10 Marks Each

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 1. How to make Liabilities under Tort more stringent in India?

Answer 1:- Law of torts in India, though not as codified as another country. However, is
running in the soul of justice delivery system. Due to the fact this law not being as rigid as it
should be, justice sometimes gets served. It is true that spectrum of law of torts is ever
expanding, nevertheless, what can be observed by prudent mind should also be laid down
with strict policy so that judiciary is not for the overburdened to enact rules of its own.

2. If you were given the power to add an exception to Absolute Liability, what would it
be?

Answer 2 :- This is the most common defence that defendants use. The phrase and law is
basically imposed on any act which is beyond the human control. But this was out of paper
after the introduction of absolute liability.

If I got any power to add an exception to absolute liability, I won’t need to add any. The one
thing which change the strict liability to absolute liability that the defendant can’t escape by
stating the defence like act of God. The liability was made so that no one can escape from
one’s negligence by stating petty defence. So, any change in the law will bring a key hole to
the defendant to escape. Due to this factor even though if I had a chance to change or add an
exception to absolute liability, I wont make a change until and unless a new situation arise to
do so.

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