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Name:………………………………….

Roll No:………………………………………

NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL


B.A.LL.B. (Hons.) – I Yr. (Ist Trimester)
LAW OF TORTS – I (AUGUST – 2015)
Mid – Term Examination
Time: 2 Hrs. Max. Marks: 30
Instructions:
1. All questions are compulsory.
2. Marks carried by each question are indicated against it.
Q1. Objective Type

A: Multiple Choice Questions:


1. Which one of the following is incorrect –
a) Tort is a violation of a legal right of another person.
b) Tort is a breach of duty undertaken by the parties themselves.
c) Tort is an act which is not straight but twisted or crooked.
d) Tort is a civil wrong not amounting to breach of Trust.
2. Which one of the following two propositions constitutes the basis of tortious
liability? (Choose the correct alternative)
I . Injuria Sine Damno.
II. Damnum Sine Injuria
a) Proposition I
b) Proposition II
c) Proposition I and proposition II both.
d) Neither proposition I nor proposition II
3. When a person, entrusted with the possession of chattel by its owner, harmed the
chattel by neglect, the proper remedy under the common law is :
a) Writ of Trespass
b) Appeal
c) Case
d) None of the above
4. Which one of the following defences does not fall in the category of ‘General
Defences’? –
a) Consent
b) Contributory Negligence
c) Fair comment
d) Mistake.

1.
5. ‘X’, a hockey player, by manipulating the hockey stick causes ‘Y’ (another
hockey player) to fall down and suffer injury during the match. Which one of the
following defences will be available to ‘X’ in an action brought by ‘Y’ against him –
a) Volunti non fit injuria
b) Scienti non fit injuria
c) Both (a) and (b)
d) None of the above.
6. (Choose the correct alternative) Unfair Contract Terms Act, 1977 –

I - Restricts the right of a person to limit or exclude his liability resulting from
his negligence under a contract term.

II-Affords protection to consumers or employees who have little or no control


over the terms of agreements into which they enter.

a) Only I is Correct
b) Only II is correct
c) Both I and II are Correct
d) Neither I nor II is Correct
7. ‘A’ who is walking on the wrong side of the road is hit by a vehicle coming from
the opposite direction which was driven rashly by ‘B’. Which one of the following
defences will be available to ‘B’?
a) Consent
b) Wrongful act of ‘A’
c) Contributory Negligence
d) None of the above
8. Which one of the following is an incorrect proposition of law on ‘Private
Defence’–
a) Use of ‘force’ should not be excessive.
b) Use of ‘Force’ is justified only for the purpose of defence.
c) Law gives right of ‘Private Defence’ by repelling force with force.
d) None of the above.
9. The Defendant pleading the defence of ‘Inevitable Accident’ has to prove –
(Choose the correct alternative)
I – The injury caused to the Plaintiff was due to the working of ‘natural forces’.
II – The occurrence of ‘natural forces’ was extraordinary and not one which could be
anticipated and reasonably guarded against.
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a) Only I.
b) Only II
c) Both I and II
d) Neither I nor II
B: State True or False
10. In law, a good motive serves as a justification for a wrongful act.
11. A ‘Writ of Trespass’ in an action of Trespass under the common law was a
primitive but chief method of vengeance under judicial authority for very serious
injuries to person or property.
12. The right of the rescuer to hold defendant liable is independent of the victim’s
right.
13. Plaintiff‘s wrongful act does not disable him to sue the defendant for the injury
caused to him (plaintiff) by the defendant, unless the plaintiff’s wrongful act is a part of
the same transaction.
14. In the cases of escape of dangerous things accumulated for some non natural use
of the land, the liability incurred is based on the culpability of the Defendant.
C: Match the following:
15. Ashby vs White a) Strict Liability (Escape of thing)
16. Bradford Corporation vs. Pickles b) Statutory Authority
17. Wooldrige vs Sumner c) Damnum sine injuria
18. Bird vs Holbrook d) Volenti non fit injuria
19. Read vs J. Lyons e) Injuria sine damno
20.Smith vs London & South Western Rly. Co. f) Private Defence (10)

Q 2. A public transport bus ‘A’ was being driven at a moderate speed. Another bus ‘B’
was following it and it was also being driven at a moderate speed. There was a heavy
rainfall that had recently occurred a day before causing water logging every where and
overflowing of the potholes on the road.. At some places the road was even washed
away. Bus ‘A’ skidded as the driver had to apply breaks all of a sudden to avoid hitting
the cyclist who had come in front of the bus. While doing so, the rear portion of bus ‘A’
collided with the front portion of bus ‘B’ causing sever injuries to the driver of bus ‘B
and two other passengers sitting in the front . The injured driver along with the two
passengers brought an action against the driver of bus ‘A’. Decide whether the action
should sustain or not? Give reasons for your answer.
Also discuss ‘Act of God’ and how it is different from ‘Inevitable Accident’. (10)

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Q3. Trace out the development of law of Torts in England and India. Also discuss the
changing scope of Law of Torts in view of expansion of duties to the public and
alternative methods of compensation.
OR

Explain in detail ‘liability without fault’? Also critically discuss the rule laid down in
Rylands vs Fletcher and its significance in modern times. (10)