B.B.A. LL.B. (Five Years) Sem 2 Law of Torts 2012 Jun Question Paper - KSLU

Questions asked in this paper

UNIT - I

1. Q1 (a) Define the term 'Tort' and discuss its essentials.
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2. Q1 OR Distinguish between Injuria Sine Damnum and Damnum sine Injuria with the help of leading cases.
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3. Q1 (b) An MLA of Karnataka was wrongfully detained by the police while he was going to attend the Assembly session. He was not produced before the Magistrate within requisite period. Which legal right violated ? Advice him.
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4. Q1 OR A school master Mr. Francis was removed from 'Royal Grammar School' unlawfully. Immediately Mr. Francis opened a rival school opposite to Royal Grammar School. All the students from Royal Grammar School joined a new school. Consequently Royal Grammar school was closed down and suffered huge loss. Now they want to take action against Mr. Franacis. Advice the Royal Grammar School authorities.
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UNIT - II

1. Q2 (a) How do you determine the Master-Servant relationship for the purpose of Vicarious Liability ?
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2. Q2 OR Explain the Justification of torts in the following cases. Act of God Inevitable accident Statutory Authority
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3. Q2 (b) The defendant sent 'Nitric Acid' to a carrier without any warning. The carrier servant was injured by its escape while handling it. Is the defendant liable ? Decide.
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4. Q2 OR Some military employees to the Government found firewood lying by the side of the river. They took it and used it for camp fire and fuel, under the impression that it belonged to the Government. The plaintiff, the real owner of the wood, brought an action against government. Is the Government liable ?
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UNIT - III

1. Q3 (a) Explain 'Nuisance' with its essential characters and remedies available to it.
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2. Q3 OR "In Jure non remota causa sed proxima spectator". Explain the maxim with the help of leading cases.
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3. Q3 (b) A metropolitan borough, in pursuance of a formal resolution of its council, erected a stand on a highway which was a public nuisance. What is its liability ? Decide.
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4. Q3 OR The plaintiff was standing on the highway in a road adjoining a cricket ground, when she was struck by a ball which had been hit out of the ground. Such an event was foreseeable and indeed balls had to the defendant's knowledge occasionally been hit out of the ground before. Decide whether the plaintiff can recover damages from the cricket club ?
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UNIT - IV

1. Q4 (a) Explain "False imprisonment" and state the defences to an action of false imprisonment.
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2. Q4 OR Explain the following : Parental Rights Conspiracy Libel
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3. Q4 (b) 'A' makes a charge against 'B', where upon the magistrate orders that 'B' be taken into custody and determined until the matter can be investigated. 'B' sues 'A' for false imprisonment and claims damages. Decide.
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4. Q4 OR 'A' was a Chairman at a Parish meeting. 'B' was sitting seven places away on the same table proved unruly, where upon a resolution to eject him was passed. 'B' who was annoyed by this, said that he would rather pull 'A' out of the chair. Then he be ejected and moved towards 'A' with clinched fists. But he was stopped by the Church warden sitting next. Whether 'B' has committed any wrong ? Decide.
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UNIT - V

1. Q5 (a) Who is consumer ? Explain the aims and objectives of Consumer Protection Act, 1986.
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2. Q5 OR Explain the Jurisdiction of State Commission under Consumer Protection Act, 1986.
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3. Q5 (b) Consumer Protection Council
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4. Q5 OR Consumer Rights
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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.