B.A. LL.B. (Five Years) Sem 2 Law of Torts 2014 Jun Question Paper - KSLU

Questions asked in this paper

UNIT - I

1. Q1 (a) Define 'Tort' and bring out all the essentials of Torts with illustrations.
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2. Q1 OR Define 'Tort' and distinguish it from the crime and contract.
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3. Q1 (b) "Ubi Jus ibi remedium".
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4. Q1 OR Mental element in a Tort.
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UNIT - II

1. Q2 (a) Enumerate and examine the general defences to an action in Tort.
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2. Q2 OR How to determine the relationship between master and servant ? Explain.
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3. Q2 (b) The plaintiff and her husband were employed by the defendant who was running a lodge. The husband was employed as manager of the lodge and the wife as his helper. Owing to negligence of the husband the wife sustained injuries. She sued the defendant for damages. Will she win ?
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4. Q2 OR Statutory Authority.
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UNIT - III

1. Q3 (a) Explain the Nature of Negligence as a Tort.
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2. Q3 OR What is the rule in Rylands-Vs-Fletcher ? How can a defendant avoid his prima facie liability under the rule ?
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3. Q3 (b) Mr. X while on hunting-expedition, fired at a bird. One of the pellets from his gun recoiled from the bough of a tree and accidently struck Y, who was engaged in carrying cartridges and was injured. Is X liable ?
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4. Q3 OR X, the occupier of land ploughed it up. Soon afterwards a large crop of thistles grow on the land and large quantities of thistle seeds blow on to the land of his neighbour Y. Is X liable to Y ?
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UNIT - IV

1. Q4 (a) What must a plaintiff prove in order to succeed in an action for "false imprisonment" ? Consider the defences available to such an action.
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2. Q4 OR Define malicious prosecution. Explain essential ingredients of malicious prosecution.
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3. Q4 (b) 'X' purchased a ticket for a circus show and entered the gallery to take his seat. He was forcibly turned out by the manager under a mistaken belief that he had no ticket for the show. Can 'X' claim damages from the manager of the Circus Co. ?
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4. Q4 OR Pointing a loaded pistol at a person is, of course, an assault. But what if the pistol be unloaded ?
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UNIT - V

1. Q5 (a) Explain the terms complaint and complainant.
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2. Q5 OR What are the objects of the Central Consumer Protection Council ?
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3. Q5 (b) Medical services
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4. Q5 OR Consumer
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Typed from the KSLU paper above. The paper is the original. Long reading passages are shortened here to their first and last lines and a summary.