LAW OF TORTS

Important questions for internal 2

Exam date : 19-03-2024.

PART A&B

1.When wrongful act is committed by negligence on the part of plaintiff and

defendant which plea is raised?

TH
Ans:- contributory negligence

AN
2.When private action lies in public nuisance?
Ans:-when plaintiff demonstrate that they have suffered a special and particular damage
beyond that suffered by the general public.
AK
3.The doctrine of Res ispa loquitor allows plaintiff to establish?
Ans:-Rebuttable presumption
DR

4.Standard of care is required in tort of negligence is_____

Ans:- Reasonable care or the care of a reasonable person
AN

5.The rule regarding principle of negligence was laid down in the leading case
of?
Ans:- Donoghue v Stevenson in 1932.
CH

6.Nuisance -Case laws

Ans- 1. Sturges v Bridgman (1879): Established the principle that whether a particular
activity constitutes a nuisance depends on the locality.
2. Rylands v Fletcher (1868): Established the strict liability rule for the escape of
dangerous substances onto neighboring land.
3. Halsey v Esso Petroleum Co Ltd (1961): Defined nuisance as an unreasonable
interference with the use and enjoyment of land.
4. Cambridge Water Co Ltd v Eastern Counties Leather Plc (1994): Established the
foreseeability test for determining liability in cases of environmental nuisance.
5. Transco Plc v Stockport Metropolitan Borough Council (2004): Clarified the distinction
between private and public nuisance.
7.Defamation

Ans:-Defamation is a tort that involves the publication of a false statement that harms a
person's reputation.

8.Negligence

Ans:-Negligence is a tort in which someone fails to exercise reasonable care, resulting in

harm to another person or their property. It involves a breach of duty of care owed by one
person to another. In many legal systems, negligence is governed by statutes and case law.
For instance, Section 347 of the Indian Penal Code outlines the legal consequences of
negligence causing injury or damage to property.

TH
9.Trespass to land

Ans:-Trespass to land is a tort where someone unlawfully enters or interferes with another

AN
person's land or property. It involves intentionally entering someone else's land without
permission. In some jurisdictions, laws such as Section 441 of the Indian Penal Code define
and penalize trespass to land.
AK
10.Trespass to goods :
DR

Ans:-Trespass to goods is a tort where someone unlawfully interferes with another person's
personal property or goods. It involves intentionally interfering with the possession of
someone else's goods without permission. In some legal systems, laws such as Section 405
AN

of the Indian Penal Code address trespass to goods and prescribe penalties for such
actions.

11.Nervous shock
CH

Ans:-Nervous shock, also known as emotional distress or mental anguish, is a tort where
someone suffers a psychiatric injury as a result of witnessing a traumatic event or being
subjected to extreme stress. It can occur even if there is no physical injury involved. In
some jurisdictions, laws and precedents provide remedies for victims of nervous shock,
typically in cases where there is a close relationship between the victim and the traumatic
event or the person causing the distress.

PART C

1.Write short notes on Res ispa Loquitor?

Ans:- Res Ipsa Loquitur means “the thing speaks for itself “. which means the situation of
a particular act is enough to get the idea what has happened. It is the principle that the
mere occurrence of some types of accident is sufficient to imply negligence. It shifts the
burden of proof to the defendant to show they were not negligent

2.What are the Elements of Nuisance?

Ans:- Elements of Nuisance,
Unlawful or Unreasonable Interference.
Such Interference causes a legal injury to the plaintiff only. The injury may be in respect of
either Property or Physical Discomfort to the Plaintiff.

TH
3.What are the defences to defamation?

Ans:- The main defenses to defamation in tort law are:

AN
1. Truth: If the statement in question is true, it is generally not considered defamatory
because truth is an absolute defense against defamation.
2. Absolute Privilege: Statements made in certain contexts, such as judicial
proceedings, legislative debates, or between spouses, are considered absolutely privileged
AK
and cannot form the basis of a defamation claim.
3. Qualified Privilege: Statements made in good faith and for a legitimate purpose, such
as in the interest of public duty or in self-defense, may be protected under qualified
DR

privilege, unless they are made with malice.

4. Fair Comment: Opinionated statements about matters of public interest, as long as
they are based on true facts and not motivated by malice, may be protected as fair
AN

comment.
5. Consent: If the plaintiff consented to the publication of the allegedly defamatory
statement, they may not have grounds for a defamation claim.
These defenses provide individuals with legal protections against defamation claims
CH

when certain conditions are met.

4.What is Defamation?

Ans:- Defamation is a tort in which one party makes a false statement that harms the
reputation of another person or entity in eyes of a third person . It can be either spoken
(slander) or written (libel). To constitute defamation, the statement must be conveyed to a
third party, be false, and result in harm to the reputation of the person or entity targeted.

5.What is Nuisance?
Ans:- Nuisance, refers to an unreasonable interference with a person's use or enjoyment of
their property. It can manifest as either a private nuisance, affecting specific individuals or
properties, or a public nuisance, affecting a larger community or the general public.
Examples include excessive noise, offensive odors, or pollution.

6.What are the Remedies to Trespass to land?

Ans:- The remedies to trespass to land in tort law typically include:

1)Damages: The trespasser may be required to compensate the landowner for any actual
harm caused, such as property damage or loss of use.
2)Injunction: A court may issue an injunction, a legal order, to prevent the trespasser
from continuing their actions or entering the land in the future.

TH
3)Possession Order: In cases where the trespasser refuses to leave the land, the
landowner may seek a possession order from the court to regain control of their property.
These remedies aim to compensate the landowner for the intrusion and protect their

AN
rights to use and enjoy their land.

AK
7.What do u understand by continuing Trespass?

Ans:-Continuing trespass : If a man is building a wall or throwing stones on others land it

DR

is called continuing trespass till it is removed from the place. The right to sue in such cases
will continue from day one till it is removed. In the case of Holmes v. Wilson, (1839) 10
Ad&E 503, it was held that recovery of damage in the first action, by way of satisfaction
does not operate as a purchase of the right to continue the injury.
AN

8.What is Tresspass ab initio?

CH

Ans:- Trespass ab initio, refers to a legal principle where a lawful entry onto someone's
property becomes unlawful due to a subsequent wrongful act committed while on the
property. This principle is recognized in common law jurisdictions.

9. What is Distress damage feasant?

Ans:-Distress damage feasant is a legal doctrine in tort law that allows a landowner to take
possession of personal property found on their land when the property owner has
unlawfully caused damage while it was on the land. This doctrine permits the landowner to
hold the property as security for the damages caused until the owner pays compensation or
retrieves the property.

ALL THE BEST !!!

TEAM SAMPRADAYINI.