Important Questions — Law of Torts, Unit III

Sourced from actual OU question papers (August/September 2013, February/March 2015, February/March 2016, May/June 2016, August/September 2016, May/June 2017, September/October 2017, March/April 2018, June 2018, February 2026) — every question here is answerable entirely from what's already published on this site.

Part A — Short Answer

1. Assault.
   Assault and BatteryStephens v. Myers (1830)
2. Battery.
   Assault and BatteryCole v. Turner (1704) (Landmark Case)
3. False Imprisonment.
   False ImprisonmentBird v. Jones (1845) (Landmark Case)
4. Wrongful confinement. (the criminal-law counterpart of the tort of false imprisonment)
   False Imprisonment
5. Malicious Prosecution.
   Malicious Prosecution
6. Nervous shock.
   Nervous ShockWilkinson v. Downton (1897) (Landmark Case)
7. Trespass.
   Trespass to LandEntick v. Carrington (1765) (Landmark Case)
8. Cattle trespass. (trespass to land committed through straying livestock, judged by the same possession-based principles)
   Trespass to Land
9. Nuisance.
   Nuisance — Public and Private
10. Public Nuisance.
    Nuisance — Public and PrivateAttorney-General v. PYA Quarries Ltd. (1957) (Landmark Case)
11. Private nuisance.
    Nuisance — Public and PrivateSt Helens Smelting Co. v. Tipping (1865)
12. Detinue.
    Torts Relating to Movable PropertyArmory v. Delamirie (1722) (Landmark Case)
13. Accident.
    Liability for Motor Vehicle Accidents
14. Motor vehicle.
    Liability for Motor Vehicle Accidents
15. Claim tribunals.
    Liability for Motor Vehicle AccidentsThe Motor Vehicles Act, 1988

Part B — Long Answer

1. What is false imprisonment? Discuss its essential ingredients and remedies, supported by judicial decisions.
   False ImprisonmentBird v. Jones (1845) (Landmark Case)Rudal Shah v. State of Bihar (1983)
2. What are the remedies available for the tort of trespass?
   Trespass to LandEntick v. Carrington (1765) (Landmark Case)
3. Examine the liability arising out of accidents.
   Liability for Motor Vehicle AccidentsThe Motor Vehicles Act, 1988
4. Explain the role of negligence in motor vehicle accidents, with case law.
   Liability for Motor Vehicle AccidentsNational Insurance Co. Ltd. v. Pranay Sethi (2017) (Landmark Case)
5. Discuss compensation under the Motor Vehicles Act for accidents.
   Liability for Motor Vehicle AccidentsNational Insurance Co. Ltd. v. Pranay Sethi (2017) (Landmark Case)The Motor Vehicles Act, 1988

Part C — Problem / Case-Study Questions

1. A, a doctor who was going to attend a conference, was stopped by a police officer presuming that he was a suspect. He was questioned for an hour and then permitted to go. Meanwhile he missed his flight. He filed a case against the police officer for the damage caused to him. State whether he can succeed or not.
   False ImprisonmentBird v. Jones (1845) (Landmark Case)
2. X, a jeweller of Hyderabad, left for Bangalore to sell gold and silver. He was taken into custody by the Bangalore police on suspicion. On enquiry, he was later let off. Whether X has a remedy or not?
   False Imprisonment
3. 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.
   False ImprisonmentRudal Shah v. State of Bihar (1983)
4. X was imprisoned without his knowledge by Y. Whether Y can be held liable for false imprisonment?
   False ImprisonmentBird v. Jones (1845) (Landmark Case)
5. The defendant's workers gathered around the plaintiff, rolling up their sleeves and threatening to break his neck if he did not immediately leave the place. Is the defendant liable for a tort?
   Assault and BatteryStephens v. Myers (1830)
6. The defendant obstructed the entrance of the plaintiff's book shop, thereby causing customers to take a long route to come to the shop. Is the defendant liable?
   Nuisance — Public and Private
7. 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?
   Liability for Motor Vehicle AccidentsNational Insurance Co. Ltd. v. Pranay Sethi (2017) (Landmark Case)
8. X has given his car to Y for a drive. Y commits an accident. Discuss whether X is liable or not.
   Liability for Motor Vehicle AccidentsThe Motor Vehicles Act, 1988
9. 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. Whether the owner of the truck can be held liable?
   Liability for Motor Vehicle Accidents
10. X was travelling by an RTC bus, resting her elbow on the window sill. A truck coming from the opposite direction hit her, and as a result she met with injuries. Whether the RTC is liable or not.
    Liability for Motor Vehicle Accidents
11. 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? Discuss.
    Liability for Motor Vehicle Accidents
12. 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? Discuss.
    Liability for Motor Vehicle Accidents
13. 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?
    Liability for Motor Vehicle Accidents
14. While a bus of Z was being reversed at a bus stand, a person standing at the back was knocked down. Whether the respondents can be held liable?
    Liability for Motor Vehicle Accidents