National Law School of Indian University (NLSIU) 2007 B.A L.L.B ADMISSION TEST – ., LL.B(HONS.) - Question Paper

Facts: Mr.Z is the owner of a plot measuring 50 feet by 80 feet. He constructed a small house at 1 corner and was using the rest of the land as a cow shed. He had 20 cows and is involved in selling the milk to the public. The cow dung and other wastes were openly stored in a small 10 feet by eight feet tank. This constantly paved way for bad smell and breeding of mosquitoes. Mrs. Y, his neighbour constantly complained to Mr. Z but in vain.
(a) Y cannot take any other action against Z
(b) Z can do something to prevent the foul smell
(c) Y can complain to the police
(d) Y can sue Z for damages based on the inconvenience caused by Z

116. Principle: Special damage is the loss of a few material advantage, pecuniary or capable of being estimated in money which flows directly and in the ordinary course of things from the act of the person who is responsible.

Facts: Raju has been sending his Tourist cars for repairs, maintenance and service to Lakshmi Service Centre, who promptly attended to all the works during the past 5 years. However, when Raju sent a new Sumo van for servicing and minor repair, he indicated to the Manager of Lakshmi Service Centre that the vehicle must be delivered, duly serviced, by tenth August 2006 at five PM as 3 foreign tourists had booked the vehicle for a period of three months. The vehicle was not delivered as required, but was delivered only on twelfth August 2006. Raju had lost the contract with the foreign tourist and a loss of revenue to the extent of Rs.30,000.
(a) Raju can sue the Lakshmi Service Centre for damages including exemplary or special damages to the extent of Rs.30,000/-
(b) Raju can sue Lakshmi Service Centre only for ordinary damages for 2 days delay
(c) Raju cannot sue Lakshmi Service Centre for any damages
(d) Raju can sue the Manager of the Service Center for damages

117. Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the provided circumstances, a reasonable man could have foreseen.

Facts: The Agricultural University constructed 200 houses for its employees in its premises. 2 huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, six years old, from 1 of the quarters was playing near the pumphouse. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and 3 of her fingers were cut.

Earning:   Approval pending.