2015 02-24 07-27-52 law of torts - question bank

24 Feb 2015, Tue

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THE LAW OF TORTS – SELECTED

QUESTIONS

Selected Notes For LLB 3YDC Preparation – Osmania University

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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

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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).



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



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



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.



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



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?



Law of Torts – May - June 2011 3YDC Osmania University

Question

Type Question

Short Define tort

Short Malice

Short Joint tort feasor

Short Assault


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



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?



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



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?



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.



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.



Law of Torts - December 2009 - January 2010 3YDC Osmania

University

Question

Type Question



Short Waiver and Acquiescence


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



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.



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 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"?



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.



Law of Torts - May/June 2010 New - 5YDC Osmania University

Question

Type Question


Short Act of State

Short Liability without fault.



Short Conspiracy


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.



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.




Question

Type Question

Short Accord and satisfaction


Short Contributory negligence

Short Nervous shock

Short Rights of consumers

Short Definition of Consumer



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.



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.



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.




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?



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?


2015 02-24 07-27-52 law of torts - question bank

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