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Law of Torts - April/May 2009

Question Type Question  
Short Accord and satisfaction
Short Joint tort feasors
Short Contributory negligence
Short Nervous shock
Short Rights of consumers
Short Definition of Consumer
Short False imprisonment
Short Extra judicial Remedies
Long Discuss the maxims "Damnum sine injuria" and "Injuria sine Damnum" with the help of decided cases.
Long Explain the rule of Absolute liability as applied in M.C. Mehta`s case.
Long What is defamation? What are the essentials of defamation?
Long Write the salient features of the Consumer Protection Act, 1986.
Problem X made certain excavations 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 contends that damage was caused maliciously. Is X liable? Decide.
Problem A and B have equal share of responsibility in a tort which they committed against C. 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.
Problem X was acquitted by the court in a criminal case, but he was released from jail 14 years thereafter. X desired to initiate action against the Government. Advise him.
Problem X purchased a laptop computer from a retail shop. He gave it to Y as a gift. Y noticed a defect in the said computer. Can Y file a complaint in the Consumer Forum against the manufacturer? Decide.
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