Important Questions &#8212; Law of Torts, Unit 4

2. Privileges. (absolute and qualified privilege as defences to defamation)

3. Slander.

4. Defamation.

5. Truth. (justification as a defence to defamation)

8. Damages, Assessment of Damages and Remoteness of Damage

6. Mesne profits.

7. Misrepresentation.

3. Injurious Falsehood and Negligent Misstatement

8. Innocent misrepresentation.

3. Injurious Falsehood and Negligent Misstatement

9. Injurious falsehood.

3. Injurious Falsehood and Negligent Misstatement Ratcliffe v Evans (1892) (Landmark Case)

10. Exemplary damages.

8. Damages, Assessment of Damages and Remoteness of Damage

11. Res ipsa loquitur.

6. Torts Affecting Family Relations

12. Torts affecting family relations.

13. Negligence.

2. Negligence Donoghue v Stevenson (1932) (Landmark Case)

14. What is meant by judicial remedies?

7. Judicial and Extra-Judicial Remedies

Part B — Long Answer

15. Explain the law relating to Defamation. State exceptions if any.

16. Define defamation. Explain its essential elements and discuss the available defences with the help of leading case laws.

7. Judicial and Extra-Judicial Remedies

17. Differentiate between Judicial and Extra Judicial Remedies.

18. Explain the various kinds of extra-judicial remedies available under law of torts.

7. Judicial and Extra-Judicial Remedies

19. What is damages and what are the different types of damages? Explain.

8. Damages, Assessment of Damages and Remoteness of Damage Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound No. 1) (1961) (Landmark Case)

20. Explain the various torts affecting the business and the remedies available.

1. Defamation 3. Injurious Falsehood and Negligent Misstatement 4. Passing Off 5. Conspiracy

21. Write a brief note on Negligence.

2. Negligence Donoghue v Stevenson (1932) (Landmark Case)

22. Discuss the law relating to negligence by professionals.

2. Negligence Barnett v Chelsea & Kensington Hospital Management Committee (1969)

23. Explain the term 'Negligence'. Analyse professional liability due to negligence with special reference to Consumer Protection Law. (the Consumer Protection Law aspect is covered in this subject's Unit V; answer the negligence portion from this unit)

2. Negligence Donoghue v Stevenson (1932) (Landmark Case)

24. Is 'negligence' a specific tort? What are the essential elements of tort of negligence?

25. Explain the essentials for establishing tort of negligence.

26. Discuss the concept of 'privilege' with case laws.

27. Distinguish between qualified privilege and absolute privilege with the help of decided cases.

10. Death in Relation to Tort Baker v Bolton (1808) (Landmark Case)

28. "Death creates or extinguishes liability." Justify.

Part C — Problem / Case-Study Questions

29. 'A' in good faith published a mistaken statement that 'B' had given birth to twins, though 'B' had been married only two months back. Whether 'A' can be held liable for defamation — explain. (the same fact pattern, with different party names, also appears in the March/April 2017 Code 564 paper)

30. 'X' wrote and published an article that "all lawyers are liars". Is it defamation? Decide with the help of examples.

1. Defamation 10. Death in Relation to Tort

31. A published a statement which damaged the reputation of a person who died 10 years ago. State whether it amounts to tort.

32. 'Y' has written a libelous letter addressed to 'X', knowing that the letter will be opened by the clerk. Discuss whether it amounts to defamation or not.

33. 'X' has a savings account in a bank branch. The Bank Manager refused to honour a cheque presented by 'X', though sufficient funds are in 'X's' account. Whether the Bank Manager is liable or not.

34. 'X' was suffering with the disease AIDS. 'Y', the family doctor, disclosed this fact to 'Z', a relative of 'X'. Whether the doctor is liable or not.

2. Negligence Donoghue v Stevenson (1932) (Landmark Case)

35. There was a "one plus one" offer in a shop. A lady purchased two woollen clothes for her son and daughter. After wearing them, they suffered a skin disease. Advise the woman on what she should do.

36. A doctor left a mop inside the abdomen of 'Y' during an operation. 'Y' died due to infection. Discuss whether the doctor is liable or not.

6. Torts Affecting Family Relations

37. 'Z' lured a young girl to have sexual relations under the promise to marry her. Later the girl became pregnant, and the man refused to marry her. What is the remedy available to the girl?

38. The plaintiff was a student of X University who had applied for revaluation. The results were declared by the University after an unduly long delay. He claimed damages for mental distress and psychiatric trauma. Discuss whether, and under what tort, the plaintiff will get relief.

2. Negligence Barnett v Chelsea & Kensington Hospital Management Committee (1969)

39. A house surgeon negligently injected a patient with cocaine instead of procaine, a mild, harmless local anaesthetic. The patient died because of the cocaine injection. Is the hospital liable?

40. 'Y' was travelling by railway. While the train was crossing another train, his elbow, resting at the window, was injured. Whether the railway is liable or not.

41. 'A' parked his car by the roadside and left a dog inside the car. The dog jumped about and smashed a glass panel. A splinter from the glass injured 'B' while he was walking past the car. Is there any negligence on the part of 'A'? Discuss.