KFC02

III Semester B.A.LL.B(Hons) & B.B.A.LL.B(Hons) 5 Years Examination

Aut-09
December - 2014
LAW OF TORTS

Time :2 hours

(Prof. K.B. Vasudeva)

Max Marks : 60/7

Instructions: Answer all the questions. Marks are indicated against each question.
1. (a) Define Malice.
(b) A, a teacher was removed from the school unauthorizdly. After his removal he opened a
rival school with a meager fee. Consequently, all the students from old school left and
joined the new school. Due to decline in strength the school got closed. What is the
responsibility of the new school?
(c) Define Tort. Distinguish it from Crime. Where do they overlap with each other?
OR
2. (a) What is meant by Legal Damage?
(b) A person was unauthorizdly arrested and put behind the bar for nearly 14 hours. Advise
him for legal remedy.
(c) How far mental element is relevant in torts? Explain.

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3. (a) State the basis of Strict Liability.

(b) In a railway accident a pregnant woman sustained injuries and delivered a deformed
child. The deformity was due to the accident. Can she recover damages for deformed
child?
(c) Explain the capacity to sue and be sued by the corporation.
OR
4. (a) What is Vis Major?
(b) There was leakage of deadly chemical from Parimala Food Industry which killed several
people. What is the nature of liability? Decide.
(c) Explain the rule in Merry Weather V. Nixon Explain the changes made in this rule.

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5. (a) What does Assault mean?

(b) The plaintiff was employed by the Ministry of Supply as an inspector of munitions in
the defendants factory and in the course of employment he was injured by the explosion
of a shell that was being manufactured. Advise the plaintiff.
(c) Explain the rule in Ryland V. Fletcher. Discuss the exceptions to the above rule.
OR
6. (a) What is Vicarious Liability?
(b) A conductor of a private bus commits an accident at the time of reversing the bus for
return journey and injures A. Can A recover damages from the owner of the private Bus?
(c) Distinguish between Assault and Battery and Explain with help of case laws.

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7. (a) State the essentials of Nuisance.

(b) A metropolitan borough in pursuance of a formal resolution of its council erected a stand
on a highway causing disturbance to certain people. What is the liability of Metropolitan
borough?
(c) Explain the defenses available to an act for defamation.
OR
8. (a) State the different kinds of Trespass.
(b) A finds a jewel on the street. He takes it to a Gold Smith to know its value. Gold Smith
tells A that the jewel is worthless and refuse to return the jewel. A wants to take action
against goldsmith. Advice.
(c) Explain the difference between libel and slander. When slander becomes Actionable Per
Se?

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9. (a) Point out the essentials of Negligence.

(b) The plaintiff custom officer went into the defendants docks on business and in passing
from the door way to another, six bags of sugar which were hung by a chain fell on him
causing severe injuries. Advise the plaintiff.
(c) Explain contributory negligence with the help of decided case laws.
OR
10 (a) When injunctions are available as a remedy?
(b) A, a blind man was walking carefully along a pavement, fell into the trench and was
injured. The trench was dug by Electric Board. Advise A, by giving reasons.
(c) Explain the maxim Action Personalis Moritur Cum Persona. Refer to cases.

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*****

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KFC02

III SEMESTER B.A./B.B.A.LL.B. (Hons.) EXAMINATION

Aut-2013
December - 2015
LAW OF TORTS

Time: 2 hours

(Set by Prof. Vasudev K.B.)

Max. Marks: 60/70/75

Instructions: Answer all the questions. Marks are indicated against each question.
1.a
b

c
2.a
b
c
3.a
b
c
4.a
b
c
5.a
b

c
6.a
b

c
7.a

What is the meaning of Ubi Jus Ibi Remedium?

Plaintiff was the owner of a mill. He had been using the water from a stream for
about sixty years. The defendant dug a well on his land, as a result of this plaintiffs
mill stopped getting water from the stream. Decide whether the plaintiff has legal
right to get the water from the stream.
Distinguish tort from crime and breach of contract.
Or
Define Malice.
The plaintiff had sufficient fund in his account in the defendants Bank, inspite of
this, the Banker had refused to honour his cheque. Whether the Bank is Liable?
Decide.
Explain with help of case law the Damnum Sine Injuria and Injuria Sine Damno.
Is temporary Lunacy a disability for tortious liability?
A minor hired a mare from the plaintiff for riding and killed it by riding excessively.
What is the tortuous liability of the minor for the death of hired mare? Decide.
Explain the capacity to sue and to be sued of a Company.
Or
State the extent of defence of Inevitable accident.
The defendant shot the plaintiffs dog because it was chasing and attacking
defendants sheep and pigs. What is the remedy? Decide.
Explain the maxim volenti non fit injuria as a general defence.
When a wrongful act may be called Joint Tortfeasors?
The plaintiff was a Chairman of the church meeting. When the meeting was on, the
defendant was sitting 4 chairs away started shouting and misbehaved. A motion was
carried out by a majority and decided to eject him from the meeting. Upon this, the
defendant got angry and advanced towards the Chairman with his fist clenched
saying that he would rather eject him from the meeting. But he was stopped by a
member sitting next to the chairman. The chairman filed a suit. What was the
wrongful act committed by the defendant? Decide.
False imprisonment is a violation of personal liberty of an individual- Substantiate
with help of case laws and mention the limitations, if any.
Or
What is control test under vicarious liability?
An Omnibus company issued a circular to all its drivers not to race or obstruct with
other vehicles. A driver deliberately obstructed a vehicle while doing his duty and
responsible for accident. Whether master is liable or personal liability of the driver?
Decide with reasons.
Explain how to determine the relationship of master and servant.
What do you mean by Innuendo?

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b
c
8.a
b
c
9.a
b

c
10.a
b
c.
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A person who is not an advocate made the statement that All lawyers were thieves.
Mr. Brown an advocate filed a suit against that person. But the court dismissed the
suit. Give reasons and decide whether there are any alternatives.
Explain with the help of case laws on the type of words that are defamatory.
Or
Define Nuisance.
Arjun decides to install a flour mill in his premises. The plaintiff who is residing in
the first floor came to know about this and immediately filed a suit for permanent
injunction. Will he succeed? Decide.
Distinguish between private and public nuisance.
Define the term Damage.
A, lady entered a hotel and sat under the ceiling fan. She ordered the food. While
she is eating the food the ceiling fan falls on her causing injury. On inquiry it came
to know that there was a rust inside the suspension rod of the fan. The owner not
able to identify the defect as it was not visible. Decide.
Explain the different kinds of injunctions available under law of torts.
Or
What is the meaning of Res Ipsa Locquitor?
A lady purchased a jeans pant and after wearing it she contacted a skin disease. It
was found that there is an excess of coloring agents used in the cloth. Will you
advice her to take action? If yes, on what reasons and against whom?
Explain the principles laid down in Donohue V. Stevenson case and mention if any
new law emerged in India based on this decision.

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