Hidayatullah National Law University, Raipur End Term Examination, November -2014 B.A.LL.B. (HONS.

)
SEMESTER-III Law of Torts Max. Marks: 60
Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The
number of marks carried by each question is indicated at the end of the question.

8. Answer the following (each answer should be in approximately 100 words):

(Marks 2×10=20)

a. What do you mean by contributory negligence?

b. What is understood by ‘Course of employment’?

c. Define negligence d. What are the defences available in case of defamation to the defendant?

e. What is Innuendo?

f. What is theory of reasonable foresight?

g. Why the case ‘Rylands vs. Fletcher’ is famous?

h. Which theory was adopted in case of ‘wagon mound’ case?

i. What is the role of Consumer Council?

j. Who may be an independent contractor?

9. Discuss ‘inevitable accident’. Under what circumstances an inevitable accident can be placed as a valid
defense? Support your answer with case laws. (Marks 10)

10. What do you mean by the Doctrine of common employment? Whether it is applicable in England
and India currently? (Marks 10)

11. “Where persons possess or use dangerous things, they are bound to exercise more than ordinary
care in control of them and in any case, to keep them, safe at their peril”. Discuss the above mentioned
fact with suitable case laws. (Marks 10)

12. Write short notes on any two of the following:- (Marks 5×2=10) a. Doctrine of
identification b. Malicious prosecution c. Injunction

13. “The Consumer Protection Act, 1986, can provide redress to a consumer through a specially
established set of courts, need not engage a lawyer and could expect a much quicker relief.”

In the light of above, discuss the object of the Act with power, function and Jurisdiction of various
forums under the Act. (Marks 10)

14. Discuss the defenses available in tort of nuisance with case laws. When can a private person claim
damages under public nuisance. Cite some relevant cases.
 End Term Examination, November-2012
SEMESTER – I
LAW OF TORTS
Max. Marks: 50 Time Allowed: 3:00
Hrs.
Note: Student should attempt Question No. 1 which is compulsory and any four of the remaining
questions.

1. Answer the following (each answer should be in approximately 50 words) :

(Marks
10x1=10)
i) What is meant by ‘res ipsa loquitur’?
ii) How does a tort differ from a crime?
iii) Which of the following is a specific defence and why:
a. Act of God
b. Truth or Justification
c. Statutory Authority
d. Necessity
iv) Who propounded the principle in the case of Donoghue v. Stevenson?
Briefly narrate the principle also.
v) What is meant by innuendo?
vi) Lloyed v. Grace Smith and Co. is related to which of the following
heads? Explain its meaning
a. Vicarious liability of State
b. Defamation
c. Negligence
d. Vicarious liability
vii) What is Public nuisance ?
viii) What is meant by maxim ‘Ubi Jus Ibi Remedium’.
ix) How does libel differ from slander?
x) Can a husband sue his wife or vice versa for the injury caused to
him/her?

2.
a) Define Battery. How does it differ from Assault? Explain.
(Marks-5)

a) In an auto taxi 7 passengers were travelling where 5 were on the back

seat of the auto and 2 were sitting in front on the driver’s seat along with
the driver. The driver was driving at a very high speed and when he took
a left turn in that speed one of the passengers sitting on the driver’s seat
was thrown out of the auto taxi and got injured. He filed the case against
the auto driver. Discuss the liability of driver.
(Marks-5)
3.
a) What is the distinction between sovereign function and non-sovereign
function? What is the relevance of this distinction for the purposes of the
vicarious liability of the State in the present era?
(Marks- 6)
b) A theft was committed in the house of Deendayal. He gave the
information to police that he has suspicion on Ramu (neighbour of
Deendayal ). Police conducted the investigation and arrested Ramu. When
the final report was produced before the Magistrate, Magistrate
discharged the accused (Ramu) because of lack of sufficient evidences.
After the discharge, Ramu filed a case against Deendayal for the tort of
malicious prosecution. Decide the liability of Deendayal.
(Marks- 4 )
4.
a) What is nuisance? How does a private nuisance differ from a public
nuisance? Distinguish between nuisance and tresspass?
(Marks-6)
b) A traffic police officer stopped Roni, a 19 years old boy, who was driving
his bike and asked him to produce his driving license and said to him “ I
suspect you are not possessing a valid license”, in front of the other
persons. Roni produces his valid license and filed a case against the police
officer for the tort of defamation. Decide the case.
(Marks- 4)

5.
a) Who is a consumer? Whether the person who buys the goods for
commercial purposes can be treated as a consumer under the Consumer
Protection Act, 1986? Explain.
(Marks-5)
b) What is ‘service’ under the Consumer Protection Act, 1986? Whether
services provided by a doctor can be covered under this definition? Explain
with case laws.
(Marks-5)

6.
a) “The defendant in a tortuous litigation sometimes succeeds by pleading
‘Contributory Negligence’ even if the injury is largely caused by
defendant’s negligence.”
Examine the above statement in the light of the principles of
‘Contributory Negligence’ citing relevant cases.
(Marks-4)
b) In a complaint case, an accused was convicted in the Trial Court but the
conviction was set aside in Appeal Court. Decide whether the case is fit
 for malicious prosecution or not. In the light of the above also examine
the elements of malicious prosecution.
(Marks-6)

7.
a) The general rule is that “a man is liable for his acts” but in certain cases
the law imposes liability on a man for the acts and defaults of another.
Discuss.
(Marks-6)
b) Write short notes on any two of the followings:
(Marks-4)
a. Statutory Authority
b. Private Defence
c. Unity theory