KSLU Solved Question Papers
Law of Torts
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 2
2015 Dec Examination
munotes.in
Mumbai
KSLU Solved Question Papers
Law of Torts
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 2
2015 Dec Examination
munotes.in
Mumbai
First published on munotes.in on 21 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2015 Dec examination.
The questions below are the paper as Karnataka State Law University set it at the 2015 Dec examination, in the order it was set.
MarksPage
The questions in this volume are the questions asked at the 2015 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Answer
For full marks, cover: what the mental element means and the states of mind it includes; how tort differs from crime on this point; why the mental element matters (it defines some torts, decides some defences, and affects damages); torts that need intention or knowledge (Derry v. Peek, Wilkinson v. Downton); malice in law and in fact (State of Andhra Pradesh v. Goverdhanlal Pitti); motive and its limited role (Bradford Corporation v. Pickles, Christie v. Davey); negligence as a standard of conduct (Blyth v. Birmingham Waterworks Co., Jacob Mathew); torts where the state of mind does not matter (Hollins v. Fowler, E. Hulton & Co. v. Jones, Rylands v. Fletcher, M.C. Mehta); the mental element in defences (Stanley v. Powell, Brown v. Kendall); a table; a conclusion.
The mental element in a tort is the defendant's state of mind at the time of the act. The law recognises several such states:
In criminal law a guilty mind is, as a rule, an essential part of an offence. The criminal law punishes, and punishment needs blame. The law of torts mainly compensates. It looks at the harm suffered by the plaintiff as much as at the defendant's fault. So a guilty mind is not a general requirement in tort. Some torts need a particular state of mind, many need only negligence, and some need none at all.
That does not make the mental element unimportant. It matters in three ways:
1. Deceit. The defendant must make a false statement knowing it to be false, or without belief in its truth, or recklessly. In Derry v. Peek, (1889) 14 App Cas 337, a company's prospectus said that it could use steam power on its tramways. In fact the Board of Trade's consent was still needed, and it was later refused. The directors honestly believed the statement. The House of Lords held them not liable in deceit. Lord Herschell explained that carelessness without dishonesty is not fraud. Here the state of mind decided the case.
2. Intentional infliction of harm. In Wilkinson v. Downton, [1897] 2 QB 57, the defendant, as a practical joke, falsely told the plaintiff that her husband had been badly hurt in an accident. She suffered a violent nervous shock with lasting effects. He was held liable for a wilful act calculated to cause her harm, which did cause it.
3. Trespass. Trespass to the person, land or goods requires that the act be voluntary and intended, though the defendant need not intend any harm. A person who walks onto land believing it to be his own still commits trespass.
4. Malicious prosecution and conspiracy. Malicious prosecution needs malice, meaning an improper motive in setting the law in motion. Conspiracy by lawful means needs a combination whose real purpose is to injure the plaintiff.
In State of Andhra Pradesh v. Goverdhanlal Pitti, (2003) 4 SCC 739, the Supreme Court explained the two senses of malice. Malice in fact is ill will or spite, or an indirect or improper motive. Malice in law is something done wrongfully and wilfully, without lawful excuse or reasonable cause, and it need not involve ill feeling. The Court added that malice alleged against the State can only be malice in law.
Most torts need no malice at all. Where malice is required, as in malicious prosecution and malicious falsehood, it is malice in fact. In defamation, malice in fact defeats the defences of fair comment and qualified privilege.
As a general rule, motive is irrelevant in tort. A lawful act does not become wrongful because it is done from a bad motive. In Bradford Corporation v. Pickles, [1895] AC 587, Pickles sank shafts on his own land that cut off percolating water feeding the Corporation's reservoir. He was said to have done it to force the Corporation to buy his land. He was not liable, because no one has a right to percolating water, so his motive did not matter.
There are exceptions. Motive matters where malice is an element of the tort, as in conspiracy and malicious prosecution. It also matters in nuisance, where it may make an interference unreasonable. In Christie v. Davey, [1893] 1 Ch 316, a neighbour banged on the wall and beat trays whenever the plaintiffs played music. An injunction was granted because he did it only to annoy.
Negligence is the most common basis of liability. In Blyth v. Birmingham Waterworks Co., (1856) 11 Ex 781, Alderson B. defined it as omitting to do what a reasonable man would do, or doing what a prudent and reasonable man would not do. The Supreme Court adopted the same idea in Jacob Mathew v. State of Punjab, AIR 2005 SC 3180, naming duty, breach and resulting damage as its components.
The test is objective. The court asks what a reasonable person would have done, not what the defendant actually thought. A defendant who did his honest best is still liable if his best fell below the standard. So negligence is better described as a failure to reach a standard than as a state of mind.
| Mental element | Where it matters | Authority |
|---|---|---|
| Knowledge or recklessness | Deceit | Derry v. Peek |
| Intention to cause harm | Intentional infliction of harm | Wilkinson v. Downton |
| Malice in fact | Malicious prosecution; conspiracy; defeats privilege | Goverdhanlal Pitti |
| Motive | Usually irrelevant; relevant in nuisance | Bradford v. Pickles; Christie v. Davey |
| Mental element | Where it matters | Authority |
|---|---|---|
| Negligence (objective) | Most accident cases | Blyth; Jacob Mathew |
| None | Conversion; defamation; strict and absolute liability | Hollins v. Fowler; Hulton v. Jones; M.C. Mehta |
Conclusion. A guilty mind is not a general requirement in tort, because the law of torts aims chiefly to compensate. Its importance lies elsewhere. It is an essential ingredient of deceit, intentional harm, malicious prosecution and conspiracy, as Derry v. Peek and Wilkinson v. Downton show. It decides defences such as inevitable accident. It also raises damages where the wrong was deliberate. Motive is usually irrelevant, as Bradford Corporation v. Pickles holds, and negligence is judged objectively. In conversion, defamation and strict and absolute liability, the defendant's state of mind does not matter at all.
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