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TORTS

PART A

1. Pigeon Hole theory.


2. Exemplary damages.
3. Multiplier theory.
4. Distress Damage Feasant.
5. Respondent Superior.
6. Scienter Rule.
7. What amounts to prosecrtion?
8. Gloucester Grammar School Case.
9. Act of God.
10. Joint torfeasors.
11. Accord and Satisfaction
12. Rights of Consumers.
13. False imprisonment.
14. Extra judicial remedies.
15. Damnum sine injuria
16. Waiver and Acquiescence.
17. False imprisonment.
18. Extra Judicial remedies.
19. Damnum sine injuria.
20. Waiver and Acquiescence.
21. False imprisonment.
22. Conspiracy.
23. Private Nuisance.
24. Negligent Mis statement.
25. Product liability.
26. Unliquidated damages
27. Consumerism
28. Sovereign immunity
29. Nuisance
30. Liability without fault
31. Assault
32. Innuendo
33. Malicious prosecution
34. Deficiency in services
35. Conversion
36. Definition of Tort
37. Private nuisance
38. Liability without fault
39. Wrongful intent
40. False imprisonment
41. Injuria Sine Damnumn
42. Volenti non fit injuria
43. Sovereign immunity
44. Passing off
45. Unfair trade practices
46. Define tort
47. Malice
48. Assault
49. Release
50. Damages
51. No fault liability
52. Legal damage
53. Means of escape
54. Re-entry
55. Multiplier authority
56. Statutory authority
57. Injurious false hood
58. Deficiency in service
59. Damnum Sine Injuria
60. Differentiate Tort and Contract
61. Exemplary Damages
62. No fault liability
63. The Innuendo
64. Inevitable
65. Ubi Jus ibi remedium
66. Malicious prosecution
67. Nervous shock
68. Contributory Negligence
69. Donoghue vs. Stevenson
70. Who is a Consumer
71. Deficiency of service
72. Medical negligence under Consumer Laws

PART B

1. Volenti non fit injuria is a defence Scienci non fit injuria is not at all defence-Discuss.
2. Dxplain Law relating to strict liability with illustrations.
3. Dxplain the salient features of Consumer Protection Laws and state the procedure for preparing a complaint before
consumer redressal forum.
4. Discuss briefly the various remedies available in Law of Torts.
5. When is the master vicariously liable for the tort committed by his servant?
6. Can the State (Govt. of India) sue and be sued? On what grounds can a foreign state claim immunity from being sued?
7. Explain in detail the wrongs abusing the legal process-State the elements of malicious prosecution.
8. Law does not take account of everything that follows wrongful act- the immediate and not the remote cause of any event is
taken into consideration Explain the rule of Remoteness of Damage.
9. Explain in the course of employment with the help of case law.
10. Discuss minors right to sue and be sued.
11. Explain the salient features of Consumer Protection Act.
12. What are the essential elements of nuisance?
13. Tortious liability arises from the breach of a duty primarily fixed by the law.This duty is towards persons generally and its
breach is redressible by an action for unliquidated damages.( Winfield).Critically examine the statement.
14. Tort is a civil wrong but all civil wrongs are not Torts.Explain.
15. Explain the rule of strict liability with the help of leading cases.
16. What are the various modes of discharge of discharge of a tort?
17. Write a note on the tort of nervous shock.
18. What is the difference between public nuisance and private nuisance?
19. Explain the defence of contributing negligence. What are the exceptions to this defence?Give illustrations.
20. What are the various kinds of damages awarded for committing a tort?
21. Explain the salient features of Indian Consumer Protection Act, 1986.
22. Distinguish a tort from a crime and breach of contract.
23. Explain the rule of strict liability laid down in Rylands vs. Fletcher.Is it applied in India?
24. What are the elements of assault, battery and false imprisonment in law of torts?
25. What are the defenses in a suit of tort of negligence?
26. Distinguish between Judicial and Extra-Judicial Remedies in Law of Torts.
27. Discuss the composition; jurisdiction and powers of National Commission under Consumer Protection Act.
28. Tortious liability arises from the breach of duty primarily fixed by Law; this duty is towards persons generally and its
breach is redressible by an action for unliquidated damages.Discuss.
29. Explain Injuria Sine Damnum sine injuria.Cite relevant cases.
30. Discuss Actio personalis Moritur cum persona. What are the relevant Statutes relating to it?
31. Explain the tort essential elements of tort of False imprisonment and distinguish the same from the wrong of Malicious
prosecution?
32. Discuss the rules relating to remoteness of damage with decided cases.
33. Discuss the composition, jurisdiction and powers of State Commission under Consumer protection Act.
34. Who is a Consumer? What are the grounds for suing doctors and hospitals under the Consumer Protection Act?
35. What is Malice in fact and Malice in law? Is intention a relevant element in a Tort?
36. True is a complete defence in an action for Tort of defamation.Why? Is the position same in Criminal Law?
37. What is defamation? What are the essentials of defamation?
38. Discuss Volenti non fit injuria as a general defence.
39. What are the essential elements of tort of defamation?
40. Explain the concept of product liability with the help of decided cases.
41. Explain the maximum Res.ipsa loquitor and its application with the help of decided cases.
42. Tort is a civil wrong, but all civil wrong are not torts.-Elucidate.
43. What are the test applied in determining the remoteness of damage?Refer to decided cases.
44. Write an essay on the essential conditions of tortuous liability.
45. Write a note on vicarious liability.
46. To what extent is an occupier liable for dangerous premises?
47. Explain the various torts that effect a person.
48. Medical professional has a duty to exercise reasonable degree of care and skill in discharge of his duty._Discuss.
49. Is a patient considered as a consumer? Explain with decided cases.
50. Explain:
A.consumer right
B.District Forums.

51.Write notes on the following:

.a.Deficiency in service_Explain its relevance in the Consumer Protection Act.

b.Isa patient considered as a consumer? Explain with decided cases.


PART-C

1. X made certain excavations over his excavationsf over his own land as a result of which the water, which was flowing in
unknown and undefined channels from his land to the adjoining land of Y was discoloured and diminished. Y content that
damage was caused maliciously. Is X liable?Decide.
2. A and B have equal share of responsibility in a tort which they committed against G. A has been made to pay a sum of Rs.2
lakhs to fully compensate C for the loss suffered by him. Can A sue B to recover a contribution of Rs. 1 lakh from him?
Discuss.
3. X Was acquitted by the court in a criminal case, but he was released from jail 14 years thereafter. X desires to initiate action
against the Government.Advise him.
4. X purchased a laptop computer from a retail shop. He gave it to Y as gift. Y noticed a defect in the said computer. Can Y file
a complaint in the Consumer Forum against the manufacturer?Decide.
5. Xa lorry driver, otherwise hale and healthy, suddenly died due to heart attack while driving the vehicle. As a result
passengers met with injuries. Decide the liability of the owner of the Vehicle.
6. An old building, which was of 80 years old, belonging to Municipal Corporation, located in the heart of thes city, collapsed
causing the death of number of persons. Is the corporation liable to pay compensation? Decide.
7. X filed a false complaint to the police imputing an offence of theft against Y. As a result Y was prosecuted but acquitted.
Y wants to file a case against. X- can he do so?
8. Mr. Ravi purchased a personal computer for his office work. It was kept in his room, still officer members were using it now
and then. As it was found defective, Mr.Ravi desires to file a case against the manufacturer. Advise him.
9. Mr.Ramu was admitted to Hospital, the doctor without administering anaesthesia attended the fracture. Mr. Ramu went
into Nervous shock,later died. Whether Docoter is liable or not? Discuss.
10. Mrs. Bharathi, purchased a latest sewing machine fir her personal use. Later found it defective. Whether she has a remedy
under Consumer Protection Act? Discuss.
11. A lodged a false complaint with the police against y . Y was prosecuted and acquitted by the criminal court. Y wants to file
a case against X for damages. Advise him.
12. X removed the chair when Ywas about to sit in the chair. As a result Y fell down. What is the wrong committed by X / Is X
liable for it? Decide?
13. A working in a company, purchased a computer for his personal use, but it was used by his company members also.
Computer was a defective piece. Whether A has right to file a case under Consumer Protection Act? Discuss.
14. A purchased a wollen garment from a retail shop owner. A was affected with skin disease dermatitis. Who is liable, shop
owner or manufacturer? Decide and give reasons.
15. Ais having a fruit tree in his land some of the branches full of fruits are over hanging into B s land. B cuts the branches
and fruits.Is B liable ? Decide and give reasons.
16. X was standing on a public road. He was hit by a cricket ball which came from the ground of Y. Is Y liable? Decide and
give reasons.
17. An MLA was wrongfully detaine by the polic while he was going to attend the Assembly Session. Can he claim compensation
against the state? DECIDE.
18. A boy of 16 years slapped X in the presence of several persons and pleaded that he cannot be held liable as he was a minor.
Decide.
19. Somed military jawans lifted firewood belonging to Xand carried the wood in military vehicles for the purpose of camp-
fire and fuel. X wants to file a suit against the Govewnment of India. Can he succeed?
20. X was the mother of two children.Both the children died in a tragic road accident caused by the neglkgent driving of Y.
X was at home at the time of accident. She had been informed and called to the casualty department of the hospital. She
suffered a serious psychiatric illness as a result of what she had seen.X sued Yfor compensation? Decide.
21. X wrote a letter to his wife in which the criticized Y the father of his wife as a person who acquired property only because
of corruption. Y who read the letter sued X for damages. Decide.
22. X and Y jointly committed a tort resulting in damage of Rs.10 lacs to Z. Z sued X and obtained a decree for Rs.10
lacs and received it from X. Whether Xcan sue Y to recover Rs. 5 lacs towards contribution since both are involved in
committing the wrong. Decide.
23. A company purchased four cars four cars for the purpose of providing conveyance to its executives. One of the cars was
found defective. The company wants to file a complaint before consumer forum for relief.can it do so?Discuss.
24. Mr. X has a pet dog and the dog was left free in the compound. Mean while the milkman came to handover the milk, the dog
bites him.whether Mr.X is liable?
25. A taxi driver was driving in a drunken stage. A person entered the taxi knowingly that the driver was drunk.The
vehicle(taxi) met with an accident. State whether driver is liable?
26. A doctor prescribed a medicine to a patient and compounder gave a bottle of the medicine which was wrongly labeled and it
was poisonous,as a result the patient died after consuming.Discuss the liability doctor.
27. X gave a phone call to Y saying that her son met with an accident. Hearing the news mother suffered heart attack and died.
Whether the X is liable?
28. Raju bought a tin of coke. He opened the tin, consumed the coke and then found in the tin, a dead cockroach. He fell ill
because of the contaminated drink. Is he entitled to any remedy? If so against whom?
29. Shyam Prasad erected a brick grinding machine on his land adjoining the premises of sohan, a medical practitioner. The
brick grinding machine genetated dust, polluted the atmosphere and caused phusical discomfort to Dr.sohan and his
patients. Dr.sohan wants to proceed legally against shyam Prasad.Advise him.
30. Giri went to the stadium to watch India-Pakistan cricket match. While he was seated in the front row, the batsman hit a
sixer and the ball came straight and hit Giri on his shoulder. Giri suffered a fracture and filed a suit for compensation.
Discuss.
31.Madhav and suresh are good friends. One day when madhav and suresh were going on a bike, suresh threw acid on a
woman, who was standing in a bus stop. Police arrested both of them and filed criminal cases against them. Court convicted
suresh and acquitted madhav filed as his involvement in the attack was not proved. Madhav filed a case against the police
officer concerned for malicious prosecution. Will he be successful?

32.x is owner of a car, left to America and his younger brother Y without xs permission or knowledge took the car
andcaused accident. WhetherXis liable for acts of Y.

33.Sandeep a private engineet, purchased a computer for his personal use ,but it was used by his office staff for the purpose of
business. Computer was unworking properly from very beginning. Whether sandeep is entitled to file a case under consumer
(protection)Act.

34.Police officer under lawful authority entered the premises of X,but without authority seized certain documents. Whether
entry of police officer is trespass abinitio?

1. A person passing on the road died because a fall of the branch of tree on his head. Whether the municipal corporation is
liable?
2. Conductor of an overloaded bus allowed passengers to sit and travel on top of the bus, when the bus swerved , one of the
paseengers got injuries. Discuss the liability of the owner.
3. Varada sent 100 bales to raffi through transport from delhi to Bangalore. While in transit some 20 bales were missing at
Bangalore. Raffi received only 80 bales. Varada filed a complaint against transport authorities before consumer forum at
delhi. Examine the maintainability of the complaint.
4. Suresh fixed a high tension wire to protect his field from intruders . srinivas , while trying to cross through suresh.s field
came in touch with live wire and got electrocuted. Is suresh liable and if so on what grounds?
5. Seenu forcibly feed mr.Ramu who was hunger strike. Mr.Ramu sued seenu for commiting battery. Discuss the liability of
seenu.
6. A tells B by way of joke, that B,s husband has met with an accident and is in the hospital .B gets a shock. Can B sue A for
the shock caused to her?
7. A mischievously throws a lighted squib in a busy market place. It falls near B. B to protect himself immediately throws it
across near C who in turn to protect himself throws it still further and it hits D.Is A liable for the injury caused to D
8. A establishes a school in front of a school belonging to B .all the children flock to the school of A . Can B sue A for the
damage caused to him?
9. A pedestrian A was walking on apublic road .A cricket ball comes over a high fence and hits her. Can she sue for the injury
caused to her?
10. A the driver of police jeep while taking DIG of police to the police station caused accident to B, a pedestrian by negligent
driving .B sued government .is Government liable.
11. A, an employee suspected of stealing official property was kept confined to his office premises on the pretext of urgent
official work. Police searched and found no stolen material from A .A having come to realize that he was confined without
his knowledge till the police arrived, sued his employer for false imprisonment- Decide.
12. A wanted to cast vote to X but the election officer prevented him from casting his vote, X won the election but A sued the
election commission for damages. is the latter liable.
13. X misrepresented Y, an auctioner that goods given for auction are his own. Y in good faith, auctioned and gave auction
proceeds to X.Z, the real owner sued Y- Decide.