B.A. LL.B. (Five Years) Sem 2 Law of Torts 2019 Jun (100 marks) Question Paper - KSLU

Questions asked in this paper

1. Q1 "All torts are civil wrongs, but all civil wrongs are not torts". Justify the statement with leading cases.
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2. Q2 Enumerate and examine the general defences to an action in tort.
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3. Q3 What is the rule in Rylands Vs Fletcher ? How can a defendant avoid his Liability under the rule ?
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4. Q4 How to determine the relationship between master and servant ? Explain.
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5. Q5 Define malicious prosecution. Explain essential ingredients of malicious prosecution.
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6. Q6 Explain the difference between libel and slander. When slander becomes 'actionable per se' ?
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7. Q7 Explain the composition, powers and functions of District Forum.
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Write short note on any two of the following :

1. Q8 (a) "Ubi jus ibi idem remedium".
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2. Q8 (b) "Res ipsa loquitur".
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3. Q8 (c) Deficiency in service.
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Solve any two of the following problems :

1. Q9 (a) Somu was an employee in a stone quarry. He was testing some explosive in the site, without wearing precautionary coverings, which were provided by the employer. Explosion took place and Somu gets seriously injured. Somu brings an action against employer to recover damages. Decide.
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2. Q9 (b) 'A' wrongfully obstructed a road by putting a pole across it. 'B' riding rashly on the motor cycle in the dusk, was overthrown by the pole and injured. The pole was visible at a distance of 100 meters. Is 'A' liable to 'B' for damages ?
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3. Q9 (c) The shirt worn by 'Venkatesh' contained excessive sulphur and as a consequence, he contacted a skin disease. 'Venkatesh' had purchased the shirt from Golden Cloth Shop recently. The shirt was manufactured by Saraswathi Knitting Mills. Venkatesh wants to file a suit against Saraswathi Knitting Mills to recover damages. Advise Venkatesh.
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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.