2015 02-24 07-27-52 law of torts - question bank
TRANSCRIPT
24 Feb 2015, Tue
© 2010 - 2015 www.eSaraswati.com
WWW.ESARASWATI.COM DIAMOND TOWERS KHAIRATABAD, HYDERABAD, INDIA 500 004 EMAIL: [email protected] TEL : +91 7095 776633
THE LAW OF TORTS – SELECTED
QUESTIONS
Selected Notes For LLB 3YDC Preparation – Osmania University
© 2010 – 2015 www.eSaraswati.com Page 1 of 25
Table of Contents Syllabus – Law of Torts .................................................................................................................................. 2 1
Law of Torts – Aug/Sep 2013 3YDC Osmania University .............................................................................. 4 2
Law of Torts - April/May 2011 3YDC Osmania University ............................................................................ 6 3
Law of Torts – May - June 2011 3YDC Osmania University .......................................................................... 8 4
Law of Torts - May/June 2010 - 3YDC Osmania University......................................................................... 10 5
Law of Torts - May/June 2010 (Old) 3YDC Osmania University .................................................................. 12 6
Law of Torts - December 2009 - January 2010 3YDC Osmania University.................................................. 14 7
Law of Torts - December 2008 3YDC Osmania University .......................................................................... 16 8
Law of Torts - May/June 2010 New - 5YDC Osmania University ................................................................ 18 9
Law of Torts - April/May 2009 3YDC Osmania University .......................................................................... 20 10
Law of Torts - April/May 2009 Backlog (Old) 3YDC Osmania University .............................................. 22 11
Law of Torts - April/May 2008 3YDC Osmania University .......................................................................... 23 12
© 2010 – 2015 www.eSaraswati.com Page 2 of 25
Syllabus – Law of Torts
PAPER-IV: LAW OF TORTS INCLUDING MOTOR VEHICLE ACCIDENTS AND
CONSUMER
PROTECTION LAWS
Unit-I : Nature of Law of Torts - Definition of Tort - Elements of Tort - Development of Law of
Torts in England and India - Wrongful Act and Legal Damage - Damnum Sine Injuria and
Injuria Sine Damnum - Tort distinguished from Crime and Breach of Contract - General
Principles of Liability in Torts - Fault - Wrongful intent - Malice - Negligence - Liability without
fault - Statutory liability - Parties to proceedings.
Unit-II General Defenses to an action in Torts – Vicarious Liability - Liability of the State for
Torts – Defense of Sovereign Immunity – Joint Liability – Liability of Joint Toreadors – Rule of
Strict Liability (Ryland’s V Fletcher) – Rule of Absolute Liability (MC Mehta vs. Union of
India) – Occupiers liability – Extinction of liability – Waiver and Acquiescence – Release –
Accord and Satisfaction - Death.
Unit-III Specific Torts - Torts affecting the person - Assault - Battery - False Imprisonment –
Malicious Prosecution - Nervous Shock - Torts affecting Immovable Property - Trespass to land
- Nuisance - Public Nuisance and Private Nuisance - Torts relating to movable property –
Liability arising out of accidents (Relevant provisions of the Motor Vehicles Act).
Unit-IV Defamation - Negligence - Torts against Business Relations - Injurious falsehood -
Negligent Misstatement - Passing off - Conspiracy - Torts affecting family relations - Remedies -
Judicial and Extra-judicial Remedies – Damages – Kinds of Damages – Assessment of Damages
– Remoteness of damage - Injunctions - Death in relation to tort - Action personalize moritur
cum persona.
Unit-V Consumer Laws: Common Law and the Consumer - Duty to take care and liability for
negligence - Product Liability - Consumerism - Consumer Protection Act, 1986 - Salient features
of the Act - Definition of Consumer - Rights of Consumers - Defects in goods and deficiency in
services – Unfair trade practices- Redressal Machinery under the Consumer Protection Act -
Liability of the Service Providers, Manufacturers and Traders under the Act – Remedies.
Suggested Readings:
1. Winfield & Jolowicz : Law of Tort, XII edition, Sweet and Maxwell, London , 1984.
2. Salmond and Heuston : Law of Torts, XX edition, 2nd Indian reprint, Universal Book
traders, New Delhi,1994.
3. Ramaswamy Iyyer: The Law of Torts, VII edition (Bombay, 1995).
© 2010 – 2015 www.eSaraswati.com Page 3 of 25
4. Achutan Pillai: Law of Tort, VIII edition , Eastern Book Company, Lucknow, 1987.
5. Durga Das Basu: The Law of Torts ,X edition, Prentice Hall of India, New Delhi, 1998.
6. Ratan Lal & Dhirajlal: The Law of Torts, 22nd edition, Wadhwa & Company Nagpur,
1992.
7. R.K.Bangia: Law of Torts, XIV edition, Allahabad Law Agency, Allahabad, 1999.
8. J.N.Pandey: Law of Torts, 1st edition Central Law Publications, Allahabad, 1999.
9. Vivienne Harpwood: Law of Torts, 1st edition, Cavendish Publishing Ltd. London, 1993.
10. Hepple & Mathews: Tort - Cases and Materials , 2nd edition Butterworth, London, 1980.
11. D.N.Saraf: Law of Consumer Protection in India, Tripati, Bombay
12. The Motor Vehicles Act, 1988
© 2010 – 2015 www.eSaraswati.com Page 4 of 25
Law of Torts – Aug/Sep 2013 3YDC Osmania University
Question
Type Question
Short Innuendo
Short Privileges
Short Nervous Shock
Short Occupier’s Liability
Short Right in Personam
Short Vicarious Liability
Short Support
Short Claim Tribunals
Long Discuss the Rule laid down in Rylands Vs Fletcher.
Long Examine the liability arising out of Accidents.
Long What are the essential ingredients of defamation?
Long Discuss the principle embodied in the maxim volenti non fit injuria
Long Discuss the Redressal Machinery under Consumer Protection Act.
Problem X has savings account in SBH – Ramakrishna Puram branch Nagole. Bank Manager
refused to honor cheque presented by X, though sufficient funds are in the X account
– Whether Bank Manager liable or not.
Problem ‘X’ a firm member of jewelers of Hyderabad left to Bangalore, for selling gold and
silver. He was taken to custody by Bangalore police on suspicion. Later on enquiry
left him – Whether X has a remedy or not.
Problem ‘X’ defendant chased with Axe a servant boy Ramu of the plaintiff ‘Y’. Ramu to
© 2010 – 2015 www.eSaraswati.com Page 5 of 25
protect himself entered shop premises of Y, knocked down Cask of wine. Whether
‘X’ is liable or not.
Problem ‘X’ was suffering with dreadful disease ‘AIDS’. ‘Y’ family doctor disclosed this fact
to ‘Z’ relative of ‘X’. Whether Doctor is liable or not.
© 2010 – 2015 www.eSaraswati.com Page 6 of 25
Law of Torts - April/May 2011 3YDC Osmania University
Question
Type Question
Short Injuria Sine Damnumn
Short Wrongful intent
Short Volenti non fit injuria
Short False imprisonment
Short Sovereign immunity
Short Assault
Short Passing off
Short Unfair trade practices
Long Define tort and state whether it is law of tort or law of torts.
Long What is the Rule in Rylands V. Fletches, how far it is applicable to India.
Long Explain the law relating to vicarious liability of State in relation to Torts.
Long What are the different kinds of Damages? Explain the principle of remoteness of
damage.
Problem Mr. X has a pet dog and the dog was left free in the compound. Mean while the
milkman came to handover the milk, the dog bites him. Whether Mr. X is liable?
Problem A taxi driver was driving in a drunken stage. A person entered the taxi knowingly
that the driver was drunk. The vehicle (taxi) met with an accident. State whether
driver is liable?
Problem A doctor prescribed a medicine to a patient and compounder gave a bottle of the
medicine which was wrongly labeled and it was poisonous, as a result the patient
© 2010 – 2015 www.eSaraswati.com Page 7 of 25
died after consuming. Discuss the liability of doctor.
Problem X gave a phone call to Y saying that her son met with an accident. Hearing the news
mother suffered heart attack and died. Whether the X is liable?
© 2010 – 2015 www.eSaraswati.com Page 8 of 25
Law of Torts – May - June 2011 3YDC Osmania University
Question
Type Question
Short Define tort
Short Malice
Short Joint tort feasor
Short Assault
Short False imprisonment
Short Passing off
Short Release
Short Damages
Long Write an essay on the `essential conditions of tortious liability`.
Long Write a note on `vicarious liability`.
Long To what extent is an occupier liable for dangerous premises?
Long "Defamation is injury to the reputation of a person". ? Comment.
Problem Raju bought a tin of coke. He opened the tin, consumed the coke and then found in
the tin, a dead cockroach. He fell ill because of the contaminated drink. Is he entitled
to any remedy? If so against whom?
Problem
Shyam Prasad erected a brick grinding machine on his land adjoining the premises of
Sohan, a medical practitioner. The brick grinding machine generated dust, polluted
the atmosphere and caused physical discomfort to Dr. Sohan and his patients. Dr.
Sohan wants to proceed legally against Shyam Prasad. Advise him.
Problem Girl went to the stadium to watch India-Pakistan cricket match. While he was seated
in the front row, the batsman hit a sixer and the ball came straight and hit Gin on his
© 2010 – 2015 www.eSaraswati.com Page 9 of 25
shoulder. Gin suffered a fracture and flied a suit for compensation Discuss.
Problem
Madhav and Suresh are good friends. One day when Madhav and Suresh were going
on a bike, Suresh threw acid on a woman, who was standing in a bus stop. Police
arrested both of them and filed criminal cases against them. Court convicted Suresh
and acquitted Madhav as his involvement in the attack was not proved. Madhav filed
a case against the police officer concerned for malicious prosecution. Will he be
successful?
© 2010 – 2015 www.eSaraswati.com Page 10 of 25
Law of Torts - May/June 2010 - 3YDC Osmania University
Question
Type Question
Short Contributory negligence
Short Joint tort feasors
Short Nervous shock
Short Unliquidated damages
Short Consumerism
Short Sovereign immunity
Short Nuisance
Short Liability without fault.
Long Explain the maxim injuria sine damnum and daninum sine injuria.
Long Discuss ?Act of God? and ?Inevitable Accident? as general defences in tortions
actions.
Long Discuss the essentials of tort of defamation.
Long Explain the concept of product liability with the help of decided cases.
Problem Mr. Ramu was admitted to Hospital, the doctor without administering anaesthesia
attended the fracture. Mr. Ramu went into Nervous shock, later died. Whether Doctor
is liable or not? Discuss.
Problem Mrs. Bharathi, purchased a latest sewing machine for her personal use. Later found it
defective. Whether she has a remedy under Consumer Protection Act? Discuss.
Problem "X" lodged a false complaint with the police against "Y" . Y was prosecuted and
acquitted by the criminal court. Y wants to file a case against X for damages. Advise
© 2010 – 2015 www.eSaraswati.com Page 11 of 25
him.
Problem X removed the chair when Y was about to sit in the chair. As a result Y fell down.
What is the wrong committed by "X" ? Is "X" liable for it? Decide?
© 2010 – 2015 www.eSaraswati.com Page 12 of 25
Law of Torts - May/June 2010 (Old) 3YDC Osmania University
Question
Type Question
Short Damnum sine injuria
Short Assault
Short Innuendo
Short Malicious prosecution
Short Conspiracy
Short Deficiency in services
Short Extra judicial Remedies
Short Conversion.
Long Explain the maximum Res. ipsa loquitor and its application with the help of decided
cases.
Long What do you mean by strict liability? Distinguish between strict liability and absolute
liability.
Long What are the essentials of tort of Nuisance ? What are the defences available in an
action for Nuisance?
Long Write the salient features of the Consumer Protection Act, 1986.
Problem
"A" working in a company, purchased a computer for his personal use, but it was
used by his company members also. Computer was a defective piece. Whether "A"
has right to file a case under Consumer Protection Act? Discuss.
Problem A purchased a wollen garment from a retail shop owner. A was affected with skin
disease dermatitis. Who is liable, shop owner or manufacturer ? Decide and give
reasons.
© 2010 – 2015 www.eSaraswati.com Page 13 of 25
Problem "A" is having a fruit tree in his land some of the branches full of fruits are over
hanging into B`s land. B cuts the branches and fruits. Is B liable? Decide and give
reasons.
Problem "X" was standing on a public road. He was hit by a cricket ball which came from the
ground of "Y". Is "Y" liable ? Decide and give reasons.
© 2010 – 2015 www.eSaraswati.com Page 14 of 25
Law of Torts - December 2009 - January 2010 3YDC Osmania
University
Question
Type Question
Short Damnum sine injuria
Short Joint tort feasors
Short Waiver and Acquiescence
Short False imprisonment
Short Conspiracy
Short Private nuisance
Short Negligent Mis-statement
Short Product liability
Long Explain the principle of Strict Liability with the help of decided cases.
Long Discuss "Volenti non fit injuria" as a general defence.
Long What are the essential elements of tort of defamation?
Long Enumerate the salient features of the Consumer Protection Act, 1986.
Problem "X" a lorry driver, otherwise hale and healthy, suddenly died due to heart attack
while driving the vehicle. As a result passengers met with injuries. Decide the
liability of the owner of the Vehicle.
Problem An old building, which was of 80 years old, belonging to Municipal Corporation,
located in the heart of the city, collapsed causing the death of number of persons. Is
the corporation liable to pay compensation? Decide.
Problem "X" filed a false complaint to the police imputing an offence of theft against "Y". As
© 2010 – 2015 www.eSaraswati.com Page 15 of 25
a result "Y" was prosecuted but acquitted. "Y" wants to file a case against "X" - Can
he do so?
Problem Mr Ravi purchased a personal computer for his office work. It was kept in his room,
still office members were using it now and then. As it was found defective, Mr. Ravi
desires to file a case against the manufacturer. Advise him.
© 2010 – 2015 www.eSaraswati.com Page 16 of 25
Law of Torts - December 2008 3YDC Osmania University
Question
Type Question
Short Assault
Short Volenti non fit injuria
Short Malicious prosecution
Short Innuendo
Short Conversion.
Short Extra judicial Remedies
Short Res ipsa loquitur
Short Product liability
Long Define tort and explain the essential elements of tort.
Long Explain the rule in Rylands Vs. Fletcher. What are the exceptions to the above rule?
Long What are the essential ingredients of defamation?
Long Discuss the law relating to deficiency in services under Consumer Protection Act.
Problem "A" a revenue officer forcibly took "B" for non-payment of arrears of land revenue
and detained him. Can "B" sue "A"?
Problem "A" a passenger preferred to travel in a taxi knowing that the taxi driver was
intoxicated. An accident took place and "A" was injured. Can "A" sue the driver?
Problem "A" a student of LL.B. is seriously preparing for his semester examinations. "B" a
neighbour always keeps his audio player in high volume causing disturbance to "A".
What is the remedy available to "A" as against "B"?
© 2010 – 2015 www.eSaraswati.com Page 17 of 25
Problem Radha, while shopping in supermarket owned by Rohit slipped on raw vegetables on
the floor and fell down and sustained injuries. Whether Rohit is liable or not.
Discuss.
© 2010 – 2015 www.eSaraswati.com Page 18 of 25
Law of Torts - May/June 2010 New - 5YDC Osmania University
Question
Type Question
Short Damnum sine injuria
Short Act of State
Short Liability without fault.
Short Joint tort feasors
Short False imprisonment
Short Conspiracy
Short Extra judicial Remedies
Short Rights of consumers
Long "Tort is a civil wrong, but all civil wrongs are not torts". Elucidate.
Long What are the tests applied in determining the remoteness of damage? Refer to
decided cases.
Long Discuss negligence as a specific tort. What are its ingredients?
Long What are the defences available to defendants in an action for defamation?
Problem
"X" was the mother of two children. Both the children died in a tragic road accident
caused by the negligent driving of "Y". "X" was at home at the time of the accident.
She had been informed and called to the casualty department of the hospital. She
suffered a serious psychiatric illness as a result of what she had seen. "X" sued "Y"
for compensation? Decide.
Problem "X" wrote a letter to his wife which criticized "Y" the father of his wife as a person
who acquired property only because of corruption. "Y" who read the letter sued "X"
for damages. Decide.
© 2010 – 2015 www.eSaraswati.com Page 19 of 25
Problem A company purchased four cars for the purpose of providing conveyance to its
executives. One of the cars was found defective. The company wants to file a
complaint before consumer forum for relief. Can it do so? Discuss.
Problem
"X" and "Y" jointly committed a tort resulting in damage of Rs. 10 Lakhs to "Z". "Z"
sued "X" and obtained a decree for Rs. 10 Lakhs and received it from "X". Whether
"X" can sue "Y" to recover Rs. 5 Lakhs towards contribution since both are involved
on committing the wrong. Decide.
© 2010 – 2015 www.eSaraswati.com Page 20 of 25
Law of Torts - April/May 2009 3YDC Osmania University
Question
Type Question
Short Accord and satisfaction
Short Joint tort feasors
Short Contributory negligence
Short Nervous shock
Short Rights of consumers
Short Definition of Consumer
Short False imprisonment
Short Extra judicial Remedies
Long Discuss the maxims "Damnum sine injuria" and "Injuria sine Damnum" with the help
of decided cases.
Long Explain the rule of Absolute liability as applied in M.C. Mehta`s case.
Long What is defamation? What are the essentials of defamation?
Long Write the salient features of the Consumer Protection Act, 1986.
Problem
X made certain excavations over his own land as a result of which the water, which
was flowing in unknown and undefined channels from his land to the adjoining land
of Y was discoloured and diminished. Y contends that damage was caused
maliciously. Is X liable? Decide.
Problem
A and B have equal share of responsibility in a tort which they committed against C.
A has been made to pay a sum of Rs. 2 Lakhs to fully compensate C for the loss
suffered by him. Can A sue B to recover a contribution of Rs 1 Lakh from him?
Discuss.
© 2010 – 2015 www.eSaraswati.com Page 21 of 25
Problem X was acquitted by the court in a criminal case, but he was released from jail 14
years thereafter. X desired to initiate action against the Government. Advise him.
Problem X purchased a laptop computer from a retail shop. He gave it to Y as a gift. Y noticed
a defect in the said computer. Can Y file a complaint in the Consumer Forum against
the manufacturer? Decide.
© 2010 – 2015 www.eSaraswati.com Page 22 of 25
Law of Torts - April/May 2009 Backlog (Old) 3YDC Osmania University
Question
Type Question
Long Examine the origin and growth of development of law of torts in England.
Long Explain the essential principles of tortious liability.
Long Examine the Legal provisions relating to liability without fault.
Long What are the circumstances in which the extinction of tortious liability takes place?
Long Trespass symbolises invasion of a man`s right without any legal justification -
discuss.
Long Distinguish between Public Nuisance and Private Nuisance.
Long What do you mean by the term `Damage`, discuss the principles applied for the
assessment of damages for a given case.
Long Explain the essentials of tort of defamation with the help of decided cases.
Long What are the salient features of Consumer Protection Act, 1986?
Long Discuss the composition, jurisdiction and power of consumer forums under the
provisions of the Consumer Protection Act.
© 2010 – 2015 www.eSaraswati.com Page 23 of 25
Law of Torts - April/May 2008 3YDC Osmania University
Question
Type Question
Short Wrongful Act
Short Injuria Sine Damnumn
Short Torts affecting family relations
Short Private nuisance
Short Joint Liability
Long Waiver
Short Conspiracy
Short Liability of service providers
Long Define tort. Distinguish between Tort, Crime and Breach of Contract.
Long What is meant by Vicarious Liability? Discuss the liability of the master for the tort
of his servant.
Long What is the impact of "Remoteness of Damage" on an action for negligence? Explain
with case law.
Long Critically examine the reliefs available under the Consumer Protection Act, 1986.
Problem "V" established a school in front of a school belonging to "W". All the children flock
to the school of V. Can W sue V for damage caused to him?
Problem
The defendant kept a number of bee-hives much to the annoyance of his neighbors.
One day he smoked the hives in order to remove the honey without warning the
plaintiff, his neighbor, who was tackling his horse. The horse became violent and
injured plaintiff. The plaintiff sued defendant for damages. Will he succeed?
© 2010 – 2015 www.eSaraswati.com Page 24 of 25
Problem A pedestrian was walking on a public road. A cricket ball comes over a high fence
and hits her. Can she sue for the injury caused to her?
Problem A abuses B, who takes out his pistol, and says to A, "the next time you use such
language, I will kill you". Is B guilty of assault?