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

Questions asked in this paper

Unit - I

1. Q1 (a) Explain the Maxim damnum sine injuria and Injuria sine damnum with the help of leading cases.
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2. Q1 OR Define 'Tortious Liability'. Distinguish between Tort and breach of contract.
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3. Q1 (b) A child of seven years ate some attractive berries from a tree in a Municipal Park. The berries were poisonous. The child died. Can the Municipality be made liable ?
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4. Q1 OR Write a short note on 'Motive' as an element of a Tort.
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Unit - II

1. Q2 (a) What are the exceptions to Volenti non fit injuria ? Explain with cases.
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2. Q2 OR Explain Vicarious Liability. What are the circumstances in which the master will be liable for the acts of his servant ?
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3. Q2 (b) Write short note on 'Vis Major'.
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4. Q2 OR A driver of the defendant's omnibus had printed instructions not to race with or obstract, other omnibuses. In disobedience to this order he obstracted the plaintiffs. Omnibus and caused a collision which damaged it. What is the liability ? Decide.
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Unit - III

1. Q3 (a) Discuss the rule laid down in Rylands V. Fletcher case with exceptions.
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2. Q3 OR What is Nuisance ? Distinguish between Private and Public Nuisance.
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3. Q3 (b) The Plaintiff resided in a house next to a Roman Catholic Chapel of which the defendant was the Priest and the Chapel bell was ringing very loud of all hours of the day and night. Decide.
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4. Q3 OR Write short note on 'Remoteness of Damage.
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Unit - IV

1. Q4 (a) Explain the difference between libel and slander. When slander becomes actionable per se ?
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2. Q4 OR Define Assault and distinguish it from battery. State the circumstances when they may be justified.
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3. Q4 (b) 'A' defames 'B' and dies before 'B' could bring action against him, under this circumstances is there any remedy for 'B' according to Law ?
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4. Q4 OR Write a short note on 'Malicious Prosecution'.
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Unit - V

1. Q5 (a) Explain the composition and jurisdiction of the National Commission under Consumer Protection Act, 1986.
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2. Q5 OR For the purpose of promoting the sale, the tradesman adopts unfair Trade Practices. What are those practices ? Explain.
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3. Q5 (b) Write a short note on Third Party Insurance.
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4. Q5 OR 'A' a lady underwent a 'tubectomy' operation at the Government hospital in Thumkur. Later she developed serious complications due to operation which reduced her to the condition of a physically invalid person. The lady filed a case and demanded compensation against the Government. Decide.
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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.