University of Delhi 2010 L.LB General lb-103 law of torts - Question Paper
[This question paper contains 6 printed pages.]
Your Roll No.
1238
LL.B
JS
I Term
Paper LB-103 - LAW OF TORTS
Time : 3 Hours rnn : 3 w?
Maximum Marks : 100
(Write your Roll No. on the top immediately on receipt of this question paper.)
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Note Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper.
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Attempt Five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
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1. Attempt any four of the following :
(i) Defence of vis-major
(ii) Res ipsa loquitur
(iii) Distinguish between tortious liability and criminal liability
(iv) Exceptions to the maxim Volenti non fit injuria
(v) Defence of Qualified Privilege
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2. Explain the essential elements of a Tort highlighting the maxim Injuria sine damno.
The plaintiff suffered massive monetary loss due to his unauthorised banquet hall, located in a residential colony, being selectively sealed, by the competent authority, in compliance with a resolution passed by his political rivals. Decide, whether tortious liability arises in this Case.
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3. A asks for a lift from a motorist B. A is told by B :
I am not an expert driver. I am without a driving licence too. You may travel at your own risk. A travels with B. Later, the motor vehicle collides with a bus due to defective brakes of Bs Vehicle. A sues B for injuries suffered by him in the accident. B takes the plea of volenti non fit injuria. Decide, after discussing the whole law relating to the aforesaid maxim.
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4. Discuss the legal principles relating to the tort of Negligence.
A was going on a motor cycle on a road adjoining a piece of land owned by B. Some children were playing
football on that land with the permission of B. The bail, when kicked by a child, crossed the boundary of the land and went, on to the road. The ball caused A to have an accident which resulted in his death. The widow of A filed a suit for damages against B on the ground that B was negligent in allowing the children to play on his land without taking proper precautions so as to present the ball from going to the road. Decide the liability of B.
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5. (a) Critically examine the development of the law relating to Remoteness of Damages. Which test you prefer for deciding the questions of remoteness of damages. Give reasons for your answer.
(b) Critically explain the concept of thought the unaided agency of ones own senses.
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6. What is No Fault Liability ?
A and B Co. Ltd. was engaged in hazardous and inherently dangerous activity. Deadly toxic gas leaked as a result of an earthquake. Exposure to the toxic gas Caused death of at least one thousand persons in and around the plant premises. Explain the law to be applied for deciding the liability of A and B Co. Ltd.
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police from B who was prosecuted for the offence of theft. Pending decision of the' prosecution the silver was deposited in the police Malkhana from where the same was again stolen by some one due to negligence of the officer-in-charge of the Malkhana. Decide the liability of the state.
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8. Discuss essential conditions of the tort of Defamation. Also distinguish between libel and slander.
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Critically examine the development of the law relating to vicarious liability of the State. Also state the main features of this liability.
One quintal of silver was stolen from the shop of A. The whole quantity of silver was recovered by the
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