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Law of Torts - May/June 2010 (Regular and Backlog) New - 5YDC

Question Type Question  
Short Damnum sine injuria
Short Act of State
Short Liability without fault.
Short Joint tort feasors
Short False imprisonment
Short Conspiracy
Short Extra judicial Remedies
Short Rights of consumers
Long "Tort is a civil wrong, but all civil wrongs are not torts". Elucidate.
Long What are the tests applied in determining the remoteness of damage? Refer to decided cases.
Long Discuss negligence as a specific tort. What are its ingredients?
Long What are the defences available to defendants in an action for defamation?
Problem "X" was the mother of two children. Both the children died in a tragic road accident caused by the negligent driving of "Y". "X" was at home at the time of the 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 "Y" for compensation? Decide.
Problem "X" wrote a letter to his wife which 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.
Problem A company purchased 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.
Problem "X" and "Y" jointly committed a tort resulting in damage of Rs. 10 Lakhs to "Z". "Z" sued "X" and obtained a decree for Rs. 10 Lakhs and received it from "X". Whether "X" can sue "Y" to recover Rs. 5 Lakhs towards contribution since both are involved on committing the wrong. Decide.
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