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TORT

Principal: "Tort" is a breach of duty recognized under the law of tort. It is a


civil wrong which can be redressed by an action for unliquidated damages and
which is other than mere breach of contract and trust.
Facts: A enters into a contract with B to paint B's house. While painting A's
house B in order to cut cost uses cheap paint which has lead. The contract
contains no clause regarding the kind of paint which has to be used. The leaded
paint causes health issues to the family. What kind of case is this?
Which of the following derivations is correct?
a) This is breach of contract
b) This is a tort
c) This is breach of trust
d) None of these
Principal: To constitute tort there must be some act or omission on part of the
defendant and such act or omission should result in legal damage i.e violation of
a legal right vested in the plaintiff. Violation of a legal right without causing any
harm is actionable.
Facts: A is a member of parliament. He is stopped by police and detained while
he is going to the assembly as a result he is unable to exercise his constitutional
right to attend the assembly proceedings.
Which of the following derivations is correct?
a) A should be compensated as his rights were violated.
b) A should not be compensated as police was doing its duty.
c) A should be compensated as he was beaten in custody.
d) Courts decision depends on legality of and grounds for detention.
Principal: Tort is not a breach of contractual obligation or obligation under
trust.
Facts: YADAV had promised PASTORE that he would sell his car to him for
100 Rs. PASTORE asked for a test ride. He took the car and let his minor son
drive it. The car collided with YADAVs another car and damaged it.
Which of the following derivations is correct?
a) There is breach of contract
b) A tort has been committed
c) Both a and b
d) Breach of trust and c

negligence

Principal: In an action for negligence, the plaintiff has to prove that the
defendant owed a duty of care to the plaintiff. The duty is a legal duty and not a
moral one.
Facts: A is allergic to peanuts. A buys peanut flavored butter, which the
company claims is
peanut free but after eating the butter A gets sick due to allergic reaction from
butter.
Which of the following derivations is correct?
a) Company is liable as it was negligent
b) Company is not liable as A took the risk of eating peanut flavored butter
c) Company is liable as there is contract between it and A
d) None of these
PRINCIPLE: In the law of negligence, the last opportunity rule, fixes the
liability on the
person who had the last opportunity of avoiding an accident with ordinary care.
FACTS: Jais decided to play a prank on bhand . He forcefully made bhand
drink liquor and made him parade in the middle of the road. Dhaka was racing
his car down the road and knocked over bhand.
bhand sustained severe physical injuries. Decide who is liable.
A. jais is liable because he forcefully intoxicated Bhand.
B. dhaka is liable because he could have avoided the accident.
C. It was Bhands fault that he was walking in the middle of the road.
D. dhaka is not liable because Bhand was drunk himself.
PRINCIPLES:
I. A person is liable for negligence, if he fails to take care of his neighbours
interest.
II. A neighbour is anyone whose interests should have been foreseeable by a
reasonable man while
carrying on his activities.
III. The defendant who is negligent cannot claim that the plaintiff suffered
damage because he was
a special case. (Plea of sensitive plaintiff)
FACTS: A is a pyromaniac. In a fit of anger, he takes all the books in his house,
and sets them to fire in the backyard. As a result of the fire, there is a lot of
smoke in the air. Bs house is next to As, and as a result of the air pollution, he
starts having an asthmatic attack. B threatens to sue A for being negligent and
causing pollution through his activities. A takes the plea that B is
a special case since no one else in the neighbourhood is complaining. Decide.

A. No, A cannot take this plea as he was negligent himself.


B. Yes, A can take this plea since B is an asthmatic patient.
C. As act does not amount to negligence since no one else is complaining.
D. Both B. and C

MINOR

Principal: A parent is not liable for a tort committed by his/her child except
when the parent affords the child an opportunity to commit the tort.
Facts: A mother leaves her toddler in car. She puts the handbrake on. The child
releases the brake while playing making the car move. The car hits a pedestrian.
Which of the following derivations is correct?
a) The mother is liable as she was negligent
b) The mother is not liable as she put the handbrake on
c) The son is liable
d) None of these
Facts: SANTA , a minor borrowed Rs. 10,000 from B for performing last rites
of his father.
Which of the following derivations is correct?
a) B cant take money back as the contract is void.
b) A has to pay the money back.
c) B cant take the money back as it is for necessities
d) None of these

TRESPASS
Facts: A house was on fire and fire fighters were already in the house. Bihari , a
self Proclaimed fire fighter, entered the house and started throwing water
everywhere. He was accused of trespass.
Which of the following derivations is correct?
a) He is guilty as his entering the house was not a necessity
b) He is not guilty as he was just helping
c) B is guilty of nuisance
d) None of these