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    105-Law-of-Torts

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    105-Law-of-Torts

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    105-Law-of-Torts

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    You are on page 1of 2

    SET- I ID: 20105

    Roll No. ……………… Total Page: 02

    BLJ/22

    Law of Torts-I (Fresh)


    Paper Code: 105

    Time: 3 Hrs.
    Total Marks: 60

    Note : Question No.1 shall be compulsory. It shall comprise of eight (08) parts
    taken from all the four (04) modules. Each part shall be of 2.5 Marks. The
    words limit would be 80-100 words per answer.

    Section B, C, D & E shall have two questions from each module. The
    student shall attempt one question from each section. Each question shall
    be of 10 marks. The word limit would be 250-300 words per answer.

    --------------------------------------------------------------------------------------------------------------------
    Section-A

    Q.1. Write short notes on the following- (2.5x8=20)


    (a) In an action for tort, is it necessary that the Plaintiff have suffered any
    pecuniary damages? Justify your answer with relevant case law.

    (b) Can a person be held liable under an Act of God, which is unforeseeable
    and unpredictable? Justify your answer with justification.

    (c) A security guard commits theft in the house of his master’s client. Can the
    Master of security Agency be held liable to compensate the client for the damage
    caused to him due to the theft by servant? Justify your answer with relevant case
    law.

    (d) A is asked who stole B’s diamond ring. A point to C, intending to cause
    everybody to believe that C stole the diamond ring. Is it a defamation? Explain
    the justification

    (e) B owned and managed a company supplying electricity to the nearby


    locality. On a particular windy and stormy day, one of the wires snapped and
    was hanging down. A, a cyclist who was driving in the night, saw the wire from a
    distance. There was a nearby street light with low visibility. He came in contact
    with the wire and was electrocuted immediately. His heirs sued A on ground of
    strict liability.

    (f) An auctioneer, honestly believed that the goods which are being
    auctioned belongs to the seller and not to the plaintiff. So, he auctioned. Can the
    Auctioneer be held liable for any tort? Explain the answer with valid justification.

    (g) Explain the main features of Motor Vehicle Amendment Act 2019.
    2

    (h) Explain the procedure for remedies before Motor Vehicle Accident Claim
    Tribunal Act.

    Section-B (10)

    Q.2. What is the Difference between Salmond and Winfield Theory of Law of Tort ?
    Justify your answer in the light of Object and Scope of Law of Torts.

    OR

    Q.3. The engine of defendant failed in the mid sea. The defendant liberated the petrol
    in fishing area of plaintiff’s corporation and caused damage to plaintiff. Which defence
    can be taken by the defendant? Justify your answer with relevant case law.

    Section-C (10)

    Q.4. In a School, the schoolmaster wrongfully refused to permit a schoolboy to go


    with his mother unless the mother paid an amount alleged to be due to him, the
    conversation between the mother and schoolmaster was made in the absence of the
    boy and he was not cognizant of the restraint. Whether it is a restraint under false
    imprisonment or not? Explain the essentials of false imprisonment.

    OR

    Q.5. Whether it is deceit when a company forms a prospectus to solicit investors,


    which later proves to be wrong? Explain the rule in Derry v. Peek

    Section-D (10)

    Q.6. (a) Obstructing a public way by digging a trench is a private nuisance or


    Public Nuisance. (05)

    (b) Carrying on trade which causes an offensive smell is what kind of


    nuisance tort? Explain the difference between Public and Private Nuisance. (05)

    OR

    Q.7. Explain the Indian Perspective of Absolute Liability in the Light of


    M.C. Mehta v. Union of India Case AIR 1987 Sc 1086.

    Section-E (10)

    Q.8. Explain the Principles of Liability under Motor Vehicles Act, 1988 and The Motor
    Vehicles (Amendment) Act, 2019.

    OR

    Q.9. Offences and Penalties under Motor Vehicle Act, 1988 and The Motor Vehicle
    (Amendment) Act, 2019.

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