I.D.
END TERM EXAMINATION, NOVEMBER 2017
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.
1. Answer the following (each answer should be in approximately 100 words) (Marks
a. What is meant by 'res ipsa loquitur'?
b. What is 'novus actus interveniens'?
c. Whether 'Act of God' and 'Truth or Justification' is specific defence?
d. What is meant by innuendo?
e. What is meant by 'Ubi Jus Ibi Remedium'?
f. What is Public nuisance?
g. Can a husband sue his wife or vice versa for the injury caused to him/her?
h. Mention the principle propounded in the case of Donoghue v. Stevenson?
i. What is pecuniary jurisdiction of Consumer Dispute Redressal Agencies at different levels?
j. What is meant by 'Pigeon Hole Theory'?
2. Answer the following:-
a. In an auto taxi seven passengers were travelling out of whom five were on the back seat of the
auto and two 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 05)
b. What is battery? How does it differ from Assault? (Marks 05)
3. Answer the following:-
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 06)
b. A theft was committed in the house of Hardayal. He gave the information to police that he has
suspicion on Ramdayal (neighbour of Hardayal). Police conducted the investigation and
arrested Ramdayal. When the final report was produced before the Magistrate, Magistrate
discharged the accused (Ramdayal) because of lack of sufficient evidences. After the
discharge, Ramdayal filed a case against Deendayal for the tort of malicious prosecution.
Decide the liability of Hardayal. (Marks 04)
4. Answer the following:-
a. What is nuisance? How does a private nuisance differ from a public nuisance? Distinguish
between nuisance and trespass? (Marks 06)
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 04)
PTO
5. Answer the following:- 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 05) 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 05)

6. Answer the following:- 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. 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

7. Answer the following:- 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 06) b. Write short notes on any two of the followings: (Marks i. Statutory Authority ii. Private Defence iii. Unity theory