Important Questions — Law of Torts, Unit II

Sourced from actual OU question papers (March/April 2018, June 2018, May/June 2017, February/March 2016, August/September 2016, September/October 2017) — every question here is answerable entirely from what's already published on this site.

Part A — Short Answer

1. Necessity. (a general defence excusing harm caused to prevent a greater harm)
   General Defences in Tort
2. Occupier.
   Occupier's Liability and Extinction of Liability
3. Joint tortfeasors.
   Joint Liability and Joint Tortfeasors
4. Foreign Sovereign.
   Liability of the State and Sovereign Immunity
5. Act of State.
   Liability of the State and Sovereign Immunity
6. Doctrine of common employment.
   Vicarious Liability
7. Strict liability.
   Strict Liability and Absolute LiabilityRylands v. Fletcher (1868) (Landmark Case)
8. Act of God.
   General Defences in TortStrict Liability and Absolute Liability
9. Absolute liability.
   Strict Liability and Absolute LiabilityM.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987) (Landmark Case)
10. Volenti non fit injuria.
    General Defences in TortHall v. Brooklands Auto Racing Club (1933)

Part B — Long Answer

1. Discuss the liability of the State in torts.
   Liability of the State and Sovereign ImmunityState of Rajasthan v. Vidyawati (1962) (Landmark Case)Kasturi Lal Ralia Ram Jain v. State of Uttar Pradesh (1965) (Landmark Case)
2. Distinguish between sovereign and non-sovereign functions.
   Liability of the State and Sovereign Immunity
3. Explain the rule of "course of employment" in vicarious liability.
   Vicarious LiabilityPushpabai Purshottam Udeshi v. Ranjit Ginning & Pressing Co. (P) Ltd. (1977)
4. Explain the scope and application of the principle embodied in the maxim volenti non fit injuria.
   General Defences in TortHall v. Brooklands Auto Racing Club (1933)
5. Distinguish between strict liability and absolute liability.
   Strict Liability and Absolute LiabilityRylands v. Fletcher (1868) (Landmark Case)M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987) (Landmark Case)
6. Explain the exceptions to the rule in Rylands v. Fletcher.
   Strict Liability and Absolute LiabilityRylands v. Fletcher (1868) (Landmark Case)
7. Describe "vicarious liability" with illustrations.
   Vicarious LiabilityPushpabai Purshottam Udeshi v. Ranjit Ginning & Pressing Co. (P) Ltd. (1977)
8. "Death creates or extinguishes liability." Justify.
   Occupier's Liability and Extinction of Liability

Part C — Problem / Case-Study Questions

1. Some military personnel found firewood lying by the side of a river. They took away the wood under the impression that it belonged to the Government and used it as fuel in the camp. The plaintiff, the real owner of the firewood, brought a suit against the Government. Is the Government liable, and if so, under which tort?
   Liability of the State and Sovereign Immunity
2. Two strangers voluntarily took a lift in a jeep and were injured, one of them subsequently dying, due to an accident caused because the right wheel suddenly went off the jeep. Is the owner of the jeep liable for the death and injuries?
   General Defences in TortPadmavati v. Dugganaika (1975)
3. A driver of a goods truck, in contravention of a statutory provision, gave a lift to an unauthorized passenger in the truck. Due to the driver's negligence, the passenger was killed in an accident. Can the owner of the truck be held liable?
   Vicarious Liability
4. X constructed an artificial water reservoir fed by a natural stream. There was a breach of the reservoir due to a very heavy rainfall, which was quite exceptional, and lands belonging to Y were damaged. Decide the liability of X.
   Strict Liability and Absolute LiabilityRylands v. Fletcher (1868) (Landmark Case)
5. The driver of an omnibus allowed the conductor to drive the bus, and in doing so the conductor injured a pedestrian. Is the owner of the bus liable to pay damages to the injured pedestrian?
   Vicarious Liability
6. A tourist passenger, knowing that the cab driver was drunk and that the chances of an accident were great, chose to travel by that cab. He was injured in an accident caused by the drunkenness of the driver. Is the injured passenger entitled to claim damages?
   General Defences in TortHall v. Brooklands Auto Racing Club (1933)
7. While a bus of Z was being reversed at a bus stand, a person standing at the back was knocked down. Can the respondents be held liable?
   Vicarious Liability
8. A lady was arrested believing that she was aiding a group which was against the State. Immediately she was released after confirming that she was not the lady whom they were searching for. State what wrong the police committed, and advise the lady.
   Liability of the State and Sovereign ImmunityKasturi Lal Ralia Ram Jain v. State of Uttar Pradesh (1965) (Landmark Case)
9. A drunken driver, driving a car at high speed, caused the death of the car's own driver and of a passerby on the road. Who is responsible for the death of the passerby — the legal representative of the deceased driver, or the owner of the car? Who will pay the damages?
   Vicarious LiabilityOccupier's Liability and Extinction of Liability