goa university g.r. kare college of law llb...

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GOA UNIVERSITY G.R. KARE COLLEGE OF LAW LLB DEGREE SEM- I LAW OF TORTS APRIL 2015 OCT 2014 APRIL 2013 OCT 2012 APRIL 2012, OCT 2011, APRIL 2011, Oct 2010, April 2010, Oct 2009, APRIL 2009, Oct 2008, APRIL 2008, OCT 2007, APRIL 2007, October 2006, April 2006, OCT 2005, APRIL 2005, OCT 2004, APRIL 2004, 2004(OLD) OCT 2003 , OCT 2003(OLD) APRIL 2003, APRIL 2003 (OLD), 2002 (NEW) OCT 2002 (OLD), APRIL 2002 (OLD), OCT 2001 (OLD), APRIL 2001 (OLD), APRIL 2000 (OLD), 1999 (OLD),

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GOA UNIVERSITY

G.R. KARE COLLEGE OF LAW

LLB DEGREE SEM- I

LAW OF TORTS

APRIL 2015

OCT 2014

APRIL 2013

OCT 2012

APRIL 2012,

OCT 2011,

APRIL 2011,

Oct 2010,

April 2010,

Oct 2009,

APRIL 2009,

Oct 2008,

APRIL 2008,

OCT 2007,

APRIL 2007,

October 2006,

April 2006,

OCT 2005,

APRIL 2005,

OCT 2004,

APRIL 2004,

2004(OLD)

OCT 2003 ,

OCT 2003(OLD)

APRIL 2003,

APRIL 2003 (OLD),

2002 (NEW)

OCT 2002 (OLD),

APRIL 2002 (OLD),

OCT 2001 (OLD),

APRIL 2001 (OLD),

APRIL 2000 (OLD),

1999 (OLD),

11111m11111111111111111111111~ IIIII miiHI · LOA~ 1503

LL.B. Degree (Semester- I) Examination, April 2015 LAW OF TORTS

Duration : 3 Ho.urs Total Marks: 100

Instructions: Answer any ten. Each question carries equal marks. (10x10=100)

1. Explain the essentials of torts with relevant case laws. -

2. Explain capacity to sue and to be sued with respect to a) Joint tortfeasors and independent tortfeasors, b) Minor.

3. 'When a person consents to the infliction of some harm upon himself, he has no remedy in torts". Explain volenti non fit injuria as a general defence.

4. Discuss when the master is liable for the acts of his servant with relevant case laws.

5. Public Nuisance is a crime whereas Private Nuisance is a civil wrong. Explain ·Private Nuisance with defences and distinguish it with Public Nuisance.

6. Discus~ the following :

a) Res ipsa Loquitur

b) Last opportunity Rule

c) Doctrine of Alternative danger.

7. Discuss the rule of strict liability with exceptions.

8. State the kinds, essentials and defences of the tort of Defamation.

9. Explain the following :

. a) Assault

b) Obligation towards trespassers.

10. Define the tort of conversion and state the modes of conversion and trespass to goods.

11. Explain the concepts of consumer and deficiency of service under the Consumer Protection Act, 1986.

P.T.O.

LDA- 1503

12. Discuss the following :

a) Damages

b) Intimidation.

13. Write a note on the following :

i) Trespass ab initio

ii) Liability towards ultimate transferee.

llllllnl fill Ill~ 1111 111111111111111 1~1 1111

14. Explain the Scienter rule and Cattle Trespass with respect to liability towards animals.

"

1111111111111111~111 LD0-1425

LL.B. Degree (Semester- I) Examination, October 2014 LAW OF TORTS

Duration : 3 Hours Total Marks : 1 00

Instructions: Answer any ten. Each question carries equal marks. (10x10=100) _,

1. Explain the principles of Damnum sine injuria ~nd injuria sine damnum.

2. Explain inevitable accident, private defence and necessity as general defences under law of torts.

3. Discuss the capacity of minor and corporation to sue and be -sued in torts.

4. Explain the principle of vicarious liability with reference to a) Principal and Agent b) Master and Servant.

5. Explain private nuisance and state the defences if any distinguish it from trespass.

6. State the essentials of negligence in detail and distinguish it from composite negligence.

7. Explain the rule in the case of Rylands V. Fletcher and distinguish it with absolute liability.

8. Defamation is injury to the reputation of a person. Explain the essentials and · defences if any for the tort of defamation.

9. Write a note on :

i) Conversion

ii) Invitees and Licensees.

1 0. Explain what is trespass to person with relevant case laws.

11. Elucidate the term Consumer under the Consumer Protection Act, 1986 with case laws.

12. Enumerate the modes by which a right of action vested in a party for tort committed by another may be discharged:

13. Explain liability for dangerous _chattels under Law of torts.

14. Discuss the following :

a) Intimidation

b) Remedies for trespass to land.

I I

11111111 mtltiiRIIIIIIIIIIIIIIR TNY-88

Duration: 3 Hours Total Marks : 1 00

Instructions: 1) Answer any ten of the following.

2) All the questions carry equal marks.

1. Distinguish between a tort and a crime.

2. Discuss the essentials of False Imprisonment and its remedies.

3. Explain the two principles of remoteness of damage with case laws.

4. Discuss with case laws, the liability for causing nervous shock.

5. Explain the liability for deceit as a tort.

6. Elaborate the rule of absolute liability as laid in M. C. Mehta V. UOI.

7. Discuss the liability of occupier of dangerous premises.

8. Explain the tort of Intimidation and Passing off.

9. Discuss the concept of death in relation to tort.

1 0. State and explain the various ways in which tortuous liability is discharged.

11. Explain the masters liability for the acts of independent contractor and its

exceptions.

12. Explain the defenses in tort of defamation with case laws.

13. Discuss "Inevitable Accident", "Statutory Authority'' and ''Vis Major'' as a

general defense.

(10x10)

14. Define "Consumer'' and explain the grievance redressal mechanism under the

Consumer Protection Act. '

Duration: 3 Hours

Instructions: 1) Answer any ten of the following. 2) All questions carry equal marks.

1. Define 'Tort' and discuss its essentials.

Total Marks :100

2. Explain elements of assault and distinguish it from Battery as a tort.

3. State and explain the modes of conversion of goods.

4. Discuss the essentials of tort of Negligence with case laws.

5. Nuisance is a actionable civil wrong. Explain.

6. Discuss the Rule of Strict Liability and distinguish it from Absolute Liability.

7. What is the nature of liability of keeper of dangerous goods?

8. Explain the tort of Conspiracy and Intimidation with case laws.

9. Discuss the capacity of Minor and a Corporation to sue and be sued for a tort.

1 0. Discuss the various kinds of damages in tort.

11. "Master is vicariously liable for the acts of his servants". Comment.

12. Discuss the tort of defamation with case laws.

13. Explain the defence of consent and its exceptions.

14. Who is a Consumer under the Consumer Protection Act?

1111111111~11111111111111111111111 TNY -13

LL.B. Degree (Sem.- I) Examination, April 2012 LAW OF TORTS \ rt- t ootl t£-~

Duration : 3 Hours

Instructions : a) Answer any five from Q. No. 1 to 8. b) Q. No. 9iscompuslory.

Total Marks : 1 00

(15x5=75)

1. Explian the Maxims Damnum Sine lnjaria, InJuria Sine Damnum and volenti non fit Injuria.

2. Expalin the law related to remoteness of Damge.

3. State and explain the essentials of defamation.

4. What are the essentials of tort of tresspass to land ?

5. Expalin the essentials of negligence with relevant case law.

6. Discuss the kinds of nuisance and state its essentials and remedies.

7. Discuss statutory authority, necessity and private. DEfence as 'General defences under law of tort.

8. Write short note on :

a) Abuse of legal procedure

b) Nervous shock.

9. Write short note on any five of the following : (5x5=25)

a) Sciuenter rule

b) Absolute liability

c) Extra judicial remedies

d) Conspiracy

e) Unfair trade practice under consumer law

f) Trespass to person

g) Minor

h) Deceit.

~~~~~. ~ ;>

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'\. 0' --- "';:?" [Tcita! No. of~uestions: 9) ~~¥·

i);

!';.

B- 445 TNY -88

LL.B. (Degree) (Semester- I) Examination, October- 2011

LAWOFTORTS

Duratio~. : 3 Hours Total Marks : 100 ' . ..., ..

Instructions : 1) Answer any five question from Q.No. I to 8.

2) Q. No. 9 is compulsory.

(5 X 15 = 75]

QI) Explain various definitions ofTort and distinguish it from breach of contrast and crime?

Q2) Explain the position of minor under Law of Tort.

Q3) Explain Tortious liability of state with relevant case law.

Q4) Explain the principle offoreseeability arid proximity with reference to negligence.

Q5) Explain the Tort oftresspass to person in detail.

Q6) State and explain strict liability in detail.

Q7) Explain various remedies available under law ofTort.

Q8) What are the kinds of defamation and nuisance and briefly state its essentials?

Q9) Write short note on any five of the following : (5 X 5 = 25]

a) Corporation. b) Private Defence. c) Conversion. d) Intimidation. e) Consumer. f) Tress-pass to Land. g) Malicious prosecution. h) Exceptions to maxim volenti non lit Injuria.

G -188 TNY -88 [Total No. of Questions :

LL.B. (Degree) (Semester- I) Examination, April/May- 2011 LAW OF TORTS

Duration: 3 Hours

Instructions : 1)

2)

3)

A11swer anv five questio11s from Q.No. 1 to 8.

Question No. 2. is compulsory.

Figures to tlte right indicate full marks.

Total Marks : 100

[5 X 15 = 75)

QJ) Define 'Tort' and distinguish it from a breach of contract. [15]

Q2) Discuss the defence of 'Consent' and its exceptions, with relevant cases. [15]

QJ) Discuss with the help of decided cases, the position of liability of state for the acts of its servants. [15]

Q4) Explain the tort of trespass to person, with help of cases. [15]

Q5) What are the essentials of the tort of trespass to land? [15]

Q6) Explain the essentials of tort of negligence by citing appropriate cases. [15]

Q7) Discuss the essentials & remedies in case of tort ofNuisance. [15]

Q8) Discuss the grievance redressal mechanism under the Consumer Protection Act, 1986. [15]

Q9) Write Short Notes on any five of the following: (5 X 5 = 25)

a) Deceit. b) Remoteness of damage. c) Kinds of damages. d) Intimidation as a tort. e) Minor's capacity to sue & be sued. f) Exceptions to the rule of strict liability. g) Scienter rule. h) Trespass to goods.

• •• J (

111111111 ~11111!111111111111111111

LL.B. (Degree) (Semester- I) Examination, October 2010 LAW OF TORTS

Duration : 3 Hours Total Marks : 1 00

Instructions : 1) Answer any five questions from Q. No. 1 to 8. 2) Q. No. 9 is compulsory.

(5x15=75)

1. Define 'Tort', and discuss its essentials. 15

2. Discuss any five general defences in tort, with the help of relevant cases. 15

3. Explain the concept ofthe masters liability for the act of his servant, with the help of decided cases. 15

4. State and explain the essentials ofthe tort of 'Assault' and 'Battery' with case laws. 15

5. Discuss with case laws, the tort of conversion of goods. 15

6. The tort of negligence consists in the breach of the legal duty of care. Explain. 15

7. Distinguish between the rule of strict liability, and absolute liability. 15

8. Discuss the essentials of tort of defamation and its defences. 15

9. Write short notes on any five of the following: (5x5=25)

a) Unfair trade practice

b) Malicious Prosecution

c) Liability for negligent misstatement

d) Injunction

e) Conspiracy

f) Death in relation to tort

g) Discharge of tortious liability

h) Convict's capacity to sue and be sued.

. '

Duration: 3 Hours Total Marks : 100

Instructions : 1. Answer any five questions from Q. No. 1 to 8. 2. Q. No.9 is compulsory.

J . "Tort is a civil wrong, but every civil wrong is not a tort". Explain. (5x15=75)

15

2. Discuss the principle of strict liability with its exceptions as evolved in Ryland V . Fletcher.

3. Discuss with relevant case laws, the liability of the master for the tort of the

15

servant. 15

4. Discuss the following torts with the help of case laws : 15

a) Assault

h) Battery.

5 . Discuss with case laws, the essentials of tort of Defamation and the defences available. 15

6. "Negligence is a breach oflegal duty of care". Discuss with case laws. 15

7 . Explain the tort. of trespass to land with the help of case laws. 15

8. Explain the kinds of damages, with decided cases. 15

9. Write short notes on any five of the following: (5x5=25)

a) Who is a consumer ?

b) Inevitable accident as a defence.

c) Discharge of tortious liability.

d) Mental element in torts.

e) Intimidation as a tort.

f) Capacity of Minor to sue and be sued.

I 1111m ~II U ~~IIIIW 1111011 TNY -88

LL.B. Degree (Semester - I) Examination, October 2009 LAW OF TORTS

Duration : 3 Hours Total Marks : 100

Instructions : 1) Answer any five questions from Q. No. 1 to 8. 2) Q. No. 9 is compulsory.

(5x15=75)

1. Define tort and distinguish it from a crime and a breach of contract. 15

2. Explain the general defences available in tort, with the help of case laws. 15

3. Discuss the development of law of vicarious liability of the state for the torts

of its servants.

4. "Battery is an accomplished Assault". Discuss with relevant cases.

5. Discuss the concept of contributory negligence with aid of case laws.

6. Discuss the kinds of remedies available in case of a tort.

7. Discuss the tort of trespass to goods through case laws.

8. Discuss the following :

a) Who is a consumer under the Consumer Protection Act, 1986?

b) Dispute Redressal Mechanism under the above Act.

Write short notes on any five of the following :

a) Trespass ab initio

b) Malicious prosecution as a tort

c) Rule laid in Ryland V. Fletcher

d) Conspiracy as a tort

e) Liability of occupier of dangerous premises

f) Defences in defamation.

15

15

15

15

15

15

(5x5=25)

\ I Ill~~ I IIIII 111111110 1m

LL.B. Degree (Sem. - I) Examination, April 2009 LAW OF TORTS

TNY -88

Duration : 3 Hours Total Marks : 100

Instructions : a) Answer any five from Q. No. 1 to 8. b) Q. No. 9 is compulsory.

1. Define a "Tort". Explain its ingredients with relevant case laws.

2. What are the defences available to a defendant for tortious acts ?

(15x5=75)

3. What is Vicarious Liability? Discuss with the help of the cases the liability of the master for the torts committed by his servant.

4. Define and distinguish between Assault and Battery.

5. What is meant by trespass to goods? How is it committed?

6. Discuss the rule of Strict Liability.

7. Explain the rights and liabilities ofthe owner and occupier ofland with respect to visitors.

8. Write short notes on (any three):

a) Nuisance

b) Passing off

c) Injunctions

d) Defamation.

9. Answer (any five) : (5x5=25)

a) Consumer

b) Jurisdiction ofDistrict Forum

c) Malicious prosecution

d) Trespass ab initio

e) Minor

f) Test of directness.

I 11111111 1111111111111 IIIII 1111 1111

Duration : 3 Hours

LL.B. (Degree) (Sem.- I) Examination, 2008 LAW OF TORTS

Instructions: a) Answer any six from Q. No. 1 to 9. b) Q. No. 10 is compulsory.

TNY -88

Total Marks : I 00

I. Define Tort. Discuss fully the essentials of Tort with relevant case Jaw. (15x6=90)

2. The maxim volenti non fit injuria is not scienti non fit injuria. Explain the statement with appropriate case law.

3. Discuss fully the various remedies under Law of Tort.

4. Explain contributory negligence and nervous shock with case law.

5 . Examine Tortious liability of state with appropriate case law.

6. What is defamation ? Examine the defences available under defamation.

7 . Examine these Rules Absolute Liability and Scienter Rule as laid down under Law of Tort?

8. Explain False Imprisonment, Tresspass Ab Initio, conversion, with reference to Tresspass to person, land and goods.

9. Explain these three briefly :

a) Effect of death on a subsisting cause of action.

b) Conspiracy

c) Res Ipsa Loquitor.

I 0. Answer any two :

a) Forum for enforcement of Consumer Rights.·

b). Deficiency in service.

c~) Pnhlir. Nui~~nr.f'.

(Sx2=10)

-11111!111 Willi ~!11111111111110 TNY - 88

LL.B. (Degree) (Semester -I) Examination, October 2008 LAW OF TORTS

Duration :. 3 }lours

Instructions : a) Answer any five from Q. No. 1 to 8. b) Q. No. 9 is comtpulsory.

Total Marks : 100

(1Sx5=75)

I . Define Tort and explain "Every injury implies damage but every damage is not injury".

2. Who are persons that cannot be sued in t01ts ?

3. What are the defences in an action of torts ?

4. Define Vicarious Liability. Under what circumstances does a master become liable for the wrong committed by his servant ?

5. Discuss the law relating to remoteness of damage.

6. Stale the facts of Rylands v/s Fletcher and explain the principle laid therein.

7. Discuss the tort of negligence with the help of suitable case laws.

8. Answer (any three) :

a) Nervous shock

b) Nuisance

c) Passing off

d) Conversion of goods.

9 . Answer (any five) : (Sx5=25)

a) Consumer

b) Deficiency in service

c) lnnuendo

d) Effect of death on a subsisting cause of action

e) Remedies under law of t01ts

f) Conspiracy.

LL.B. (Degree) (Sem. - I) Examination, October 2007

LAW OF TORTS

TNY -88

Duration : 3 Hours Total Marks : 100

Instructions :a) Answer any six from Q. No. 1 to 9.

b) Q. No. 10 is compulsory.

(15x6=90)

1. Explain the Maxim Damnum Sine Injuria with relevant case law and state the

relevancy of motive under law of Tort.

2. Discuss Private Defence, Statutory Authority and Necessity as defences to tortious

liability.

3. Examine the principles of foreseeability and proximity as laid down under

negligence by referring to various judicial decisions.

4. Discuss fully the capacity of minor and corporation under law of Tort.

5. Evaluate with the help of various cases the liability of a master for the tortious

actions of a servant.

6. Examine the tort of Assault and False Imprisonment with relevant case law.

7. Explain these two :

a) Defences available in an action for nuisance.

b) Meaning and kinds of conversion.

P.T.O.

TNY- 88

8. Explain strict liability in detail and state the differences if any between strict and

absolute liability.

9. Explain these three briefly :

a) Types of Injunction

b) Intimidation

c) Malicious Prosecution.

10. Answer any two of the following : (2x5=10)

a) Consumer

b) Jurisdiction and functions of District Consumer Forum

c) Vis major.

) ,

Duration: 3 Hours

LL.B. Degree (Sem. - I) Examination, 2007 LAW OF TORTS (flvt\\)

Instructions: a) Answer any six from Q. No. 1 to 9. b) Q. No. 10 is compulsory.

1 . Explain the following: a) Differences between tort and contract. b) Injuria Sine Damnum.

TNY -88

Max. Marks: 100

(15x6=90)

2. Explain Inevitable Accident, Act of God and Statutory Authority as defences to tortious liability.

3 . Define Vicarious Liability. State under what circumstances a master becomes liable for the wrong committed by his servant with relevant case law.

4. Explain the following: a) Torts by minor b) Test of directness c) False Imprisonment.

5. What is defamation ? Examine the defences available under defamation.

6. Explain strict liability as laid down in Reylands V-Fletcher. State the differences if any, between strict and absolute liability.

7. Explain the following: a) Contributory Negligence b) Res Ipsa Loquitor.

8. Explain the following: a) Judicial remedies under the law of Torts b) Conspiracy c) Nervous shock.

9. What is Nuisance ? Explain the defences available in an action for Nuisance.

10. Answer any two: (5x2=10) a) Rights of consumer b) Deficiency in service c) Trespass to land.

MAH-88 LL.B. Degree (Sem. - I) Examination, October 2006

LAW OF TORTS

Duration : 3 Hours

Instructions: I) Answer any six from Q. No. 1 to 9. 2) Q. No. 10 is compulsory.

l. Explain the following:

a) Damnum sine Injuria. b) Mental elements in Tortious liability. c) Ineviatable Accident.

Total Marks: 100

(15x6=90)

2. "One who consents to suffer Injuries upon himself has no remedy in law of torts" ' elucidate.

3. Examine the development of law of torts with reference to tortious liability of state with recent case law.

4 . Examine the Rule of strict liability in detail.

5. State and explain the essentials of defamation.

6. Explain the following:

a) Malicious prosecution.

b) Unlawful detention and remedies to it.

7. Define Negligence. Explain its essential ingredients in detail.

8. Discuss the following:

a) Essentials of the tort of nuisance.

b) Tresspass to land.

9. Explain the following:

a) Extra-judicial remedies.

b) Conversion.

c) Scienter Rule.

10. Answer any two: (5x2=10)

a) Jurisdiction of consumer courts.

b) Minor capacity to sue and to be sued.

c) Death in relation to tort.

d) Act of god.

--

LL.B. Degree (Semester - I) Examination, 2006 LAW OF TORTS (New)

Duration: 3 Hours

A~M -IU3.

Total Marks: 100

Instructions: 1) Answer any six questions from Q. No. 1 to 9 (6x15 = 90 Marks)-2) Q. No. 10 is compulsory. (10 Marks)·

1. "A tort is a civil injury, but all civil injuries are not torts" -Discuss.

2. Explain the following:

a) Statutory authority

b) Acts of State

3 . Explain the principle laid down in Rylands v. Fletcher with exceptions.

4 . Define conversion and explain the different ways in which it may be committed.

5. Discuss with reference to leading cases the nature and scope of the doctrine of Contributory Negligence.

6. Explain the essential ingredients of the tort of Malicious Prosecution.

7. "A man's reputation is his property, more valuable than other property"- Discuss the law relating to defamation.

____. 8. What is the liability of an occupier of land towards a lawful visitor and a trespasser ?

9. Explain 'Consumer' and 'Defiency in service' as provided under the Consumer Protection Act 1986.

10. Write short notes on any three:

a) False Imprisonment

b) Minor's Liability in Tort

c) Damnum sine injuria

d) Objectives of the Consumer Protection Act

e) Remedies under the Law of Torts.

Time: 3 Hrs.

LL.B. ( Dtegree) Sem. J E:[amination October 2005 l AW OF 1l0RTS

Max. Marks.] 00

Instructions: 1) Answer any SDC questions fro·n Q ]\.o. I ·- 9 2) Q. No. 10 is compulsory

( 6 X 15 = 90 } ( 10 marks)

Q.l Bring out the nature of a ton by disti1gu: ~-hi.ttg it from a crime and a br<:ach of contract.

Q.2 Examine the exceptions to the general rul·e Lf.at all pen ons are liable to be sued.

Q.3 Discuss the princ iple of remoteness of dmnaf;e '.vith rr~ :<:renee to leading case.

Q.4 Define private Nuisance and distingt ish i~ frorr. a Pvblic Nuisance. Under what circumstances can an individual hav(: a nght of action in respect of public nuisance. ?

Q.5 Discuss the development of the law of contributory N<gligence.

Q.6 Exarnine the e:>sentials of the tort of defar~ation .

Q.7 Discuss the nature and extent of the liabil·ty ;Jf •:he state for torts committed by its servtutl ~.

Q.8 Explain the rule of strict liabmty and brin5 out rbe d..ifterence between Absolute Liahility and Strict Liability .

Q.9 Discuss the concept of 'c0nsumer ' 3J)d '~) ervi c(:' a~; provided Wl:ier the Consumer Protection act, 1986.

Q .1 0 Write short notes on any THREE : a) Trespass ab imtio b) Private defence c) Vis Major d) Conspiracy e) Jw'isdiction a11d function •)f State Con; Jm¢:r Porum.

1 !

LL.B. (Degree) Seraest1~r d'EJ . .a llllliD:ltiou PIPtr ~t"-, .. oo5

LAW OF TORTS

Duration : 3 Hours.

Maximum Marks : 100

Ins tfuctions : 1. Answer any six question > from Quest No. l to 9 ( 15 x 6 = 90 marks). 2. Question No. 10 is compuls<•ry ( JO marks).

I. Explain the max im ubi j us i~1 i 11·meoim ahd 1he acc:ompanying maxims, Damnus sine injuria and injuria sine Damno.

2. Analy;~~ how far Volenti no:1 fit injuri :1. is an em ;eliw definition for an action in tort and what are the exc.eptions.

3. Enumerate and (~<plain the various c~· ll:g<>r1es of ;:x=r-sons who cannot sue and who cannot be sued in tort.

4. Examine with cas'~ as to wh;!n a Ma:;tc:r can .:::;cape lil':bility for his servant's tort.

5. When i ; 1m action for Defiunatioa po:;s ble ao:i. what ar~ the defenses available?

6. Examine the idea of duty to take care and the breach of such duty in an action for Negligence.

7. What is Nuisance:? What are the difJi!!CJlt kind~ of Nuisance and what are the defense<; available for an action in Nuis.:mcc?

8. Explain the essentials o f sland~·r of hlt>~:. :;lander of goods and maintenance and champerty.

9. Explain the jurisd i·~tions a nd funct ion:; 1 r Dist:ct rr.1d State consumer forums

10. Write sb.ort notes on any three: a Trespass by animals b. Liability of occupier c. Negligent misstatement d. Death as tort · e. False impri~;onment

ASM-103

LL.B. (Degree) Semester I Examination, October 2004 (New)

LAWOFTORTS

Duration: 3 Hours Total Marks: 100

Instructions: I ) Answer any six questions from Q. No. 1 to 9. (15x6 = 90 Marks) 2) Question No. 10 is compulsory. (10 Marks)

1. Distinguish betweeQ t~rt, constant and crime.

2. Examine the nature and impact of the following definitions in an action in tort:

a) ActofGod

b) Private defense

c) Inevitable accident

3. Examine the liability of a Master to:

a) Fraud of servant

b) Act independent control

c) In common employment

4. Explain with cases and enumerate the definitions for the tort of assault and false imprisonment.

5. Define and explain the tort of: _

a) Negligent statement

b) Mal.icious prosecution

c) Conspiracy

6. Examine the tort of strict liability and the concept of absolute liability with illustrations.

7. Examine the tort of trespass to land, trespass by animals and trespass to goods.

8. Define tort of coercion and different kind of conversions.

9. Examine the liability of a doctor to patient for negligence under Consumer Protection Act.

10. Write short notes on any two:

a) Nuisance d) Res ipsa loquitur

b) Libel e) Domestic right

c) Nervous shock

LLB.(3 YEARS) SEMESTER l EX .. \ MINATION, 2004.

LAW OF TORTS (NEW) (Apt II)

Duration: 3 hours Max. Marks: I 00 N. B. l) Answer anY s1~ queslions I rom Que~; lion No.I to 9(15x G =90 marks)

::) <)uestion 1\io.l '>S compulsorv. (I(; marks)

I . State and explain the differenct' s bNween tort and crime and tort and breach of contract.

Discus; ' ' :th the help or suitai· J ~ CL'-e lat~ the 1 ~~:arious liability of the State Cor the Iotts of commllt<:d bY its sen ants.

3. Explain lne' it able Accident, A·~t oi' God and Necessity as defences to tortious liability.

4. Explain the fo llo·"" ing: a) Intention and motive as mental elements of tort. b) Injuria sine dan1no c) Liability of the Cqrporation for ult ra I' ires acts

5. Explain strict liability as laid do•m in Rylands v. Fletcher . State the differences if any, between strict and absolute liability .

(; F'plain the folk•\' ing a) Res ipsa loquitur b) Essentials of the tort of nu.isanee

7. Discuss the following: a) Conversion b) Tresp<L~S to land

8. Explain the following: a) Actio personalis moritur cum persona b) Fair Comment c) Judieial remedies under the law oi'Torts

9. Explain the following: a. Deceit b. Libel and slander c. Occupier' s liability towards lTe3pa'3sers.

10 Discuss ::mY l\\ o oi' the lollo\\ ir g · a. Consumer b. Deficiency in service c. Rights of a consumer

d . Co .v;, \" -;' ( l <:..<.6

... . .. 0 •• 0 ••••

•• 0 . 0 • ••• 0

Time- : 3 h rs.

LL.B. fDEG.RLK1 SEM-I EXAiVI. 2004 LAW Of TORTS (_!)LD)

Max.Marks: 75

Instructions: Answer P•tclr secrio11 .repamte/y. SECTION-I

Question N0. 7 :~compulsory Attempt any four from the remaining.

Q.l. Explain tortu<'us liability. Distinguish between tort and crime. (8)

Q.2. Discuss the capacity of the state and the corporation to sue and to be sued. (8)

Q.3. Briefly explain malicious prosecution.

Q.4. Discuss the judicial remedies available to an injured prson.

(8)

(8)

Q.5. Define vicarious liability. Under what circumstanc::s a master becomes liable for the wrong committed by his sen ·ant Explain. (8)

Q.6. What is trespl\SS to land . E.'\pl u.il~.

Q.7. Write short notes on any two ..

'

(a) ·....:..'lokJJJl~· (b) ; -tNecessity. .. • '·. (cJ . Rylan~ V/s. Fletcher. •

SECTION-II Question no. 14 t5 compulsory. ll.n:mpt any four t·rom the remaining.

(8)

(6)

Q.8. \Vhat is defamation? . Discuss the essential conditions of defamation. (3)

Q.9. Discuss the extend of liability of •5ccnpic~s of premises. (8)

Q.lO. Define negligence. Explain its essemial ingredients. (8)

Q. l !. What is nuisance ?. Exrlai.t: tho: defences availabl·! in an action for nuisanc:.(8)

Q. l2. What are the essential ingredients of deceit? ( 8)

Q.l3. Explain privilcgel: as defence to dci:unation. IS)

Q.l4. Write short nolcs on any tW·l. (a) Nervous ::ho~k

( 5)

(b) Comdbuteory negl ig·~u.:e

(c) Stiemer rule.

Time: 3 hrs.

LL.B. ( 3 yrs. ) SEM - I , EXAMINATION OCTOBER 2003 LAW OF TORTS <NEW l

------------------------INSTRUCTIONS:

(1) Answer any six questions from Questimr No.1 to 9 ( 15 x 6 = 90 )marks (2) Question No. 10 is compulsory (10 marks)

Q.I . All torts are civil wrongs but all civil wrongs are not torts. - D:.Scuss.

SRN - 153

Max.Marks: 100

Q.2. What is vicarious liability ? Discuss with the help of cases, the liability of a master for the torts committed by his servant:

Q.3. Discuss Volenti Non Fit Injuria as an important defence to tortuous liability.

Q.4. Explain the following: (a) Injuria sine damno (b) Liability of joint tort feasors ( c ) Innuendo

Q.S. State and explain the essentials of the tort ofNegligence.

Q.6. Explain the following : (a) Rule in Rylands v. Fletcher (b) Assault and Battery.

Q. 7. What is nuisance ? Explain the defences available in an action for nuisance.

Q.8. Explain the following :

a) Damages under the law of Torts b)- Trespass ab initio · c) Test of reasonable foresight

Q.9. Explain the following: a) Conspiracy b) Rule in Derry v. Peek c) Scienter Rule.

Q.IO. Explain any two of the following: a) Consumer b) Jurisdiction of the District Forum. c) Objectives of the Consumer Protection Act. d) Passing Off.

OOOOOOOOOOOOOGOOOOOOOOOOJ

Time: 3hrs.

LL.B. (3yrs.) SEM-I Examination October 2003 Law of Tm1s (Old)

Instruction: Answer each section separately. SECTION-I

;t< SRN-152

Max. Marks:75

Question No.7 is compulsory. Attempt any FOUR questions from the remaining: Q.l Explain the following maxims: (8) ·

a) Damnum sine injuria, and b) Injuria Sine damno.

Q.2 Discuss the various defences available in an action for tort. (8)

Q.3 Briefly explain the vicarious liability of the State fbr the wrong committed by the servants. (8)

Q.4 What is the effect of death on tortious libility. (8)

0 .5 Explain the rule laid down in Rylands Vs. Fletcher. Discuss its relevance to Indian Conditions. (8)

n 6 Define trespass to land. Explain its essentials.

Q.7 Write short notes on any two :

(a) Assault and battery (b) Malicious prosecution (c) Independent tort-feasors.

SECTION-II

Question No. 14 is compulsory. Attempt any four question:1 from the remaining:

(8)

(6)

Q.8. What is contributory negligence?. How far contributory negligence is a defence?. (8)

Q.9. Distinguish between libel and slander. Explain the important dl:fences to defamation. (8)

'<·I 0. What is false imprisonment?. Explain its essential ingredients. (8)

Q.ll. What are the essential conditions of nuisance?. Explain the defences available in a suit for nuisance. (8)

Q.12. Defme deceit. Explain its essential ingred.ients.

Q.l3. Discuss the extent of liability of the deferrdant for the damage c:lused by animals.

Q.l4. Write short notes on any two·: (a) Res ipsa locquitor. (b) Maintenance and churnperty (c) Conversion.

(8)

(8)

(5)

1m mumrr rrmu m mu rmmnnn rr n rmr m mmr rm um mr mnm rr n m r r rrrmrmm m mmmmnmrmm m

LL.B. (3 Years) Semester I Examination, 2003 LAW OF TORTS (New)

Duration: 3 Hours

SRN -174

Max. Marks: 100

N.B. : 1) Answer any six questions from question] to 9. (i.e. 15x6 = 90

marks) 2) Question No. 10 is compulsory. (i.e. 10 marks)

l. Tortious liability arises from the breach of a duty primarily fixed by law, this duty is towards persons generally and its breach is redressible by an action for unliquidated

damages. Elucidate.

2. State and explain the tortious liability of State. lllustrate it with decided case laws.

3. When a person consent to the infliction of some harm upon himself, he has no remedy in

tort. Explain the statement.

4. Explain the following :

a) Torts by minors.

b) Test of directness.

c) Unlawful detention and remedies to it.

5. State and explain the essentials of defamation.

6. Explain the following :

a) Difference between Public and Private Nuisance.

b) Contributory Negligence.

7. Explain the various remedies the plaintiff can avail under the law of Torts.

8 . Explain the following :

a) Passing off.

b) Trespass to goods.

c) Rule of absolute liability.

9. Explain the following:

a) Damnum sine Injuria.

b) Nervous shock.

c) Malicious prosecution.

10. Explain the following:

a) Medical services.

b) Objects and jurisdiction of consumer courts.

# SRN -175

First Year LL.B. Degree (3 Yrs.) Examination, 2003 (Semester I)

LAW OF TORTS (Old)

Duration : 3 Hours Max. Marks : 75

Instructions : I ) Answer each Section separately. 2) Question Nos. 7 and 14 are compulsory. 3) Answer any four questions from Nos. 1 to 6 and any four from

Nos. 8-13.

SECfiON - I

1. Define Tort. Distinguish tort and contract. 8

2. Explain volenti non fit injuria as an important defense in tort.. 8

3. What is the importance of death in tortious liability ? 8

4. Explain the scope of employment and master's liability for willful wrong of a servant. 8

5. Explain the principle of remoteness of damage with suitable illustrations. 8

6. Explain the various principles to determine and measure damages. 8

7. Write short notes on any two: 6

a) Parental and judicial authority

b) Necessity

c) Open ended theory.

SECfiON -II

8. What are the essential conditions of defamation ?

9. Explain privileges as defense.

10. Explain the principle of contributory negligence and the extent ofliability.

11. Explain the rule of 'Duty ~o take care' and res ipsalociturprinciple.

12. Explain the extent of liability of occupiers of premises.

13. Defme nuisance. What are the essential conditions of nuisance ?

14. Write short notes on any two:

a) Maintenance and champerty

b) Trespass by animals

c) No Fault Theory.

8

8

8

8

8

8

s

LL.B. (3 Years) Semester - I Examination, 2002 LAW OF TORTS (New)

SRN -158

Duration : 3 Hours Max. Marks: 100

N.B. : Answer any six questions from questions (1) to (9) (i.e. 15x6 = 90 marks). Question No. 10 is compulsory

(i.e. 10 marks).

1. Explain the essentials of tort with support of relevant case laws.

2. Explain the following :

i) Inevitable Accident ii) Private Nuisance, iii) Statutory Authority.

3. What is vicarious liability and state when master is liable for the acts of his servants with the support of decided case laws.

4. "A person is liable only for those consequences which are not too rem.ote from his conduct". Explain the statement with support of case laws.

5. State and explain the essentials of negligence in detail.

6. What is absolute liability ? ls it different from strict liability ?

7. Explain the following :

i) Defences of defamation ii) Trespass to land.

8. Explain the following :

i) False Imprisonment ii) Public and Private Nuisance iii) Conversion.

9. Explain the following :

i) Actio personalis moritur cum persona ii) Deceit.

10. Answer the following:

i) Deficiency in Service ii) Jurisdiction of District Forum.

LL.B. (3 Years) Sem. I Examination, 2002 LAW OF TORTS (Old)

)<

SRN-155

Duration : 3 Hours Total Marks : 7 5

Instructions: 1) Answer any four questions from 1 to 6 and any jour from 8 to 13. 2) Q. No. 7 arul 14 are compulsory.

SECTION -1 (8x4=32)

1. State and explain the essentials of tort.

2. Explain the liability of the employer for the acts of an independent contractor?

3. When a person consents to the infliction of some harm upon himself, he has no remedy for that in tort Elucidate.

4. Discuss fully the law relating to remoteness of damages.

5. State the remedies available under law of tort.

6. What do you understand by accident? How does it differ from inevitable vis major?

7. Answer any two of the following : (2x3=6) 1) Ubi Jus Ibi Remedium 2) Liability of parent for tort of child 3) Relevancy of motive in law of tort

SECfiON '-II (8x4=32)

8. Explain these two with relevant case laws : a) Res Ipsa Loquitor b) Contributory negligence.

9. State and explain the essential elements'of defamation.

10. What are the essentials of strict liability ? How does it differ from absolute liability ? Cite case laws if any.

11. Defme nuisance. Distinguish between public and private nuisance and state possible defences in an action for nuisance.

12. Defme conversion. What are the various modes of conversion and state how it differs from tresspass to goods ?

13. Explain these two: a) Malicious prosecution b) Principles laid down in Donoghue Vs. Stevenson

14. Write short note on any two: a) Scienter rule b) False imprisonment c) Bolton Vs. Stone.

. . ·"' . :

RN-15

LL.B (3 Years) Semester - I Examination, 2002 LAW OF TORTS

Duration : 3 Hours Total Marks: 75

Instructions: 1) Answer any four questions from 1 to 6 and any four from Q. No. 8 to 13.

2) Q. No.7 and 14 are compulsory.

SECTION -I

l. Define Tort and explain its important features. (8x4=32)

2. State and explain in what circumstances master is liable for torts committed by its servants.

3. Explain these two:

a) Private defence b) Minor

4. Explain the Test of Directness and Test of Reasonable Foresight as laid down in Repolimos and W agonmound cases ?

5. State and explain the liability of the employer for the acts of an independent contractor.

6. There is a law of tort, but not a law of torts. Critically examine the statement

7. Answer any two of the following: (2x3=6)

1) Exemplary damages.

2) Bradford corporation Vs Pickles. 3) Mistake.

SECTION -II

8. Def!ne Negligence. What are the essential elements of the tort of negligence? Explain with relevant case laws. (8x4=32)

9. State and explain the essential elements of malicious prosecution.

l 0. Explain the defences to an action of defamation .

11. What is meant by 'strict liability'? Are there any defences recognised in law of tort?

12. Discuss the law relating to liability for nervous shock. Refer decided cases.

13. Explain these two:

a) Assault and Battery. b) Actio personalis moritur cum persona.

14. Write short note on any two: (2 ~ x2 = S)

a) Tresspass ab initio.

b) Scienter Rule.

c) Conversion.

i I

I I \

/ I

I

\

I !

RPN -106

LL.D. (3 Years) Semester - I E::aminalion, '1001 LAW Of TOR'I S

Duration: 3 Hours Total Marks: 7 -~

Instmctions: 1) Amwer a11y four questions from r to 6 and any fmr from Q. No. 8 to 13.

2) Q. No. 7 and 14 are compulSOIJ'·

SECTION -I. (8x4 = 32)

I. All Torts are civil wrongs but all civil wrongs are not Ton-elucidate. \

2. Explain the Tortitious liability of state 7

3. Valenti non fit injuria is not scienti non fit injuria-explain the statement with reli:vant case laws.

4. Explain these two:

5.

6.

"'

a) Extra Judicial Remedies b) CoflJOratiCln

Explain the Test of Directness and Test of Reasonabl·! foresight with reference to Remoteness of damages?

Explain these two:

b) Statutory Authority.

7.

a) Damnum sine Injuria

Write shon note on any two: (3x2 = 6)

a) Ashby- Vs- White

b) Dann - Vs- Hamilton c) Stanley- V~- Powell.

SECTION- ll (8x4 = 32)

8. Negligence a.1 a ton is the breach of legal duty to take care which results in damage undesired by defendant to the plaintiff-elucidate.

9. Explain the rule laid down in Reyiands Vs Fietch~r a 1d $talc how th.s rule differs from Absolute lbbility.

10. Define nuisance and state the essential ingredients of aui;ance?

ll. Discuss the law relating to malicious prosecution.

12. Actio person:Jlis rnoriLUrcum persona-comment on this ma:tim and stat: cx~.:puons tu ~ ri s ru le.

13. Explain these two:

a) Odcnccs availat>h: rur ucramalinn

14. Write short nutcs on any two: !1) Trover

h) Navou; shock

c) Lih<:l and Sl.llllkr.

=· ...., ...

RPN-44

LL.B. (3 Years) (Sem.- I) Examination, 2001 LAW OF TORTS

Duration: 3 Hours Total Marks: 75

Instructions: 1 ) Answer Section I & II separately. 2) Questions Nos. 7 & 14 are compulsory .

. 3) Answer any four questions from Nos. I to 6 and any four from Nos. 8 to 13.

SECTION - I

1. 'Law of torts consists of a body of rules establishing specific injuries'. Explain the statement 8

2. An unexpected injury, the same could not have been foreseen and avoided, inspite of reasonable care on the part of the defendant. How far it is relevant to avoid the liability ? 8

3. A parent or a guardian cannot be made liable for the torts of a child. Explain the exceptions to this rule. 8

4. Explain the doctrine of common employment with relevant case laws. 8

5. 'A servant while in the course of the performance of his duties as such, commits a fraud, the-master would be liable for the same'. Explain with relevant cases. 8

6. Explain the tests to determine the remoteness of damage.

7. Explain the principle of law in any two of the following:

a) Behrens V. Bertram Mills Circus Ltd.

b) Haynes V. Harwood.

c) Dann V. Hamilton.

SECTION -II

8 (4x8=32)

(2x3=6)

8. How does the liability of the occupier of premises vary with the nature of the visitor ? 8

9. Privilage is one of the defences of defamation. Expl~n. . 8

10. Explain the rute in Rylands V. Fletches. 8

11. 'When there is some justification for detaining a person, there is no false imprisonment' ? Comment 8

P.T.O.

RPN-44

12. Distinguish between the following:

a) Nuisance and Trespass.

b) -. Battery and Assault.

13. Explain the following cases:

a) Kapoor Chand V. Jagdish Chand.

b) Union Carbide Corporation V. Union of India

4. Explain any two of the following:

a) Distress Damage Pheasant.

b) Intimidation.

c) Interest Theory.

8

8

(4x~2)

" (2x2~=5)

EY. LL.B. (Semester -I) Examination, April 2000 LAW OF TORTS

RPN - 35

Duration: 3 Hours Total Marks : 75

Instructions: I) Answer any FOUR questions from Q. Nos. 1 to 6.

2) Q. No. 7 is COMPULSORY.

3) Answer Sections I and ll SEPARATELY.

SECTION I (4 X 8 • 32)

L "A tort is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation."

Discuss fully so as to explain the nature of tort .

2. A master is vicariously liable for the acts of his servants acting in the course of employment. Elucidate this statement with suitable illustrations and case laws.

3. Explain both the following:

a) Rescue cases.

b) Statutory authority.

4. Discuss the following :

a) Position of husband and wife in relation to Law of Torts

b) Liability of Joint Tort Feasors.

5. Discuss fully the following:

a) Re Polemis case.

b) Wagen Mound case.

6. Distinguish between the following :

a) Inevitable Accident and Act of God.

b) Servant and Independent Contractor.

RPN -35

7. Explain the principle of law in any two of the following :

a) Ura<!ford Corporation Y!s ~ckt~~-b} Bird V/s Holbrook.

c) Kasturilal V/s State of Uttar Pradesh.

SECTION ll

Answer any FOUR of the questions from Q. Nos. 8 to 13.

Question No. 14 is COMPULSORY.

8. DJ.,uss fully the rule of law laid down in the case ofRylands V/s Fletcher.

(2XJ•6)

(4 X 8 = 32)

9. "One must take care to avoid acts or omissions which one can foresee as being likely to Injure one's neighbour."-Discuss with reference to the case of Donoghue V/s Stevenson.

I 0. There are various remedies available under the Law of Torts- Elucidate.

II . Explain fully the ingredients of the tort of defamation.

12. Distinguish between the following :

a) Public Nuisance and Private Nuisance

b) Animals Ferae Naturae and Animals Mansuetae Naturae.

13. State und explain the essentials of the tort of Malicious Prosecution.

14. Explain any two of the following (2Yzx2 • 5)

a) Conversiun.

b) Trespass ub initio

c) Actio penmnalis mortur cum persona.

/ I

R.£ LL.B. 3 Yeats (Semester - I) Examination, 1999

LAW OF TORTS

Duration: 3 Hours Total Marks: 75

.Instructions: . f) Answer any four questions out of the following six questions. 2) &venth question is compulsory. 3) Answer Sections I and II separately. ..

SECTION- I

\ . / .I. "Tortious Liability arises from the breach of a duty Primarily fixed by the law, this •.. · . ,J t·~ . duty is towards persons generally and its breach is redressible by an action for '''""' ·

l I

unliquidated damages". Explain the statement · (4><8=32)

2. When can master be liable for independent contractors Tort·?

3. Explain the maxim Valenti Nonflt Injuria and point out its exceptions .

. 4 . Explain the tests bid down in Re Poiemis and Wagon Motind cases 'l ! • • ...

5. Explain fh.lly about these two:

1) Corporation.

2) Position of minor under Law of Tort.

6. Explain fu.lly about these two General Defences:

· 1) .Statutory Authority.

2) Private Defence.

7. Answer any two of the following;

1) Ashby v-White.

2) S~lcy-v-Powell.

3) Gloucester Gramm~ School Case.

SECTION - II

(2x3 = 6)

Answer a_ny four of the following questions. Fourteenth question is eompulsor;;. (.J .-:8=.:2)

8. Discuss the law relating to Absolute Liability.

9/ Ncgligcncc as a tort, is the breach of legal duty to take care, which results in d:J.n~J c;,c . / undesired by tbe defendant, to the plai_n)iff, explain witb leading cases.