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torts:important-questions

150 Important Question and Answers on Law of Torts for LLB and Judiciary Mains

Answers to all these questions are provided under appropriate heads in notes of Law of Torts. For convenience the questions are arranged in the same order in which the topics are arranged in the note.

  1. In what respects does a tort differ from a contract and from a crime?
  2. Give an instance of a transaction which is at the same time a tort, a crime, and a breach of contract. Classify the grounds on which a person may be held liable for tort.
  3. Explain the distinction between injury and damage. Which of these are essential in an action for tort ? Discuss the question and give examples.
  4. What do you understand by damnum and injuria ? Give instances of damnum sine injuria, injuria sine damno, damnum et injuria, and state which of them does or does not give a right of action.
  5. Explain the proposition “ an injury imports a damage.”
  6. State the distinction between damage and damages.
  7. Mention the classes of cases in which there is no actionable wrong unless a special damage is proved; and those in which an action for tort lies, although no actual damage is alleged.
  8. How does Lord Campbell define ' malice ' ? Explain what is meant by ' malice in law.' Cite cases in support of your answer.
  9. How far can the motive and intention of a wrong-doer be made elements of judicial consideration ?
  10. How far is a minor liable for a tort ? Discuss to what extent tenderness of age of infants is immaterial to their liability for torts.
  11. Is infancy a valid defence in any and what actions founded on tort, and on what principle ?
  12. What is the object of the English rule of law that in a case of felony the civil remedy is suspended until the prosecution of the offender criminally ? Does this rule of law prevail in India ? Does it still prevail in England? Can you mention any cases on the subject ?
  13. Under what circumstances is a wrong-doer liable for torts committed in a foreign territory ? Explain fully the law on the subject, and refer to any decided cases you know bearing on the question.
  14. Under what circumstances will the plea of Act of State be a good answer to a suit for damages for an act prima facie tortious. Mention any leading cases on the subject;
    1. in England,
    2. in India.
  15. What is the extent of protection afforded by the Indian law to judicial officers and those who act under their orders against liability for acts done by them in the course of their official duties ? Point out the distinction, if any, between the Indian and the English law on the subject.
  16. What are the liabilities of a judicial officer for false attachment ?
  17. How far is a man liable to another for harm done by him, to the latter, through accident ?
  18. Can a wrong-doer sue for wrong done to himself, and if so, in what cases ?
  19. Explain the meaning and application of the maxim actio personalis moritur cum persona with reference to torts. What exceptions to it are recognized by statutes in England and in India ?
  20. Under what circumstances does the liability for a wrong devolve upon the representatives of a wrong-doer, and the right of action in respect of the wrong survive in favour of the representatives of the injured person ?
  21. In what cases may an action be brought in England against the representatives of a deceased tort-feasor ? In what cases may the executor of a deceased person sue for torts done to the deceased in India ?
  22. What are the principal provisions of Lord Campbell's Act? What is the law in India law in India ?
  23. In what classes of cases, and on what grounds may one person sue and be sued for a tort committed to and by another ?
  24. What are the requisites of a valid ratification of tort ?
  25. Can a person ever be made liable for damage which is not the legal consequence of his act, and, if so, when ?
  26. How would you qualify the statement that master is liable for the torts of his servant ?
  27. What is the law with regard to the liability of a principal for the tortious act of his agent ?
  28. What limitations are there to the maxim respondeat superior ?
  29. When is a master held liable and when not;
    1. to a third party for the wrongful act of the servant ?
    2. to a servant for the wrongful act of a fellow-servant.
    3. to a servant for the wrongful act of the master himself ?
  30. Under what circumstances is a person employing a contractor liable for the contractor's wrongful acts ?
  31. What is the liability of a husband for the torts of his wife.
  32. What in general is the measure of damages in cases of tort ?
  33. Damages are of three kinds. Explain concisely the differences between them and illustrate by example. What kind of damages should be awarded in the following cases :
    1. In an action for assault.
    2. In an action against a Railway Company for damages done to goods.
    3. In an action against a Railway Company for in- juries to the person arising from the company's negligence.
    4. In an action for libel.
    5. In an action for seduction.
  34. Upon what principles are damages assessed in actions of torts of different classes? State how far such principles . are in conformity or otherwise with the rules which determine the measure of damages in actions for breaches of contract.
  35. “According to the nature of the case an award of nominal damages may be honourable or contumacious to the plaintiff?” Explain what is here meant.
  36. Give instances of cases in which exemplary damages may be awarded.
  37. Are there any distinctions between the principles upon which damages are given in actions of contract and in actions of tort ?
  38. In actions for torts too remote damages will not be awarded. Discuss this question and give examples.
  39. In what circumstances can prospective damages be awarded.
  40. When will a Court grant an injunction ?
  41. Mention the qualifications which have been engrafted on the rule that one wrong- doer cannot claim contribution from another. Give examples.
  42. A joint-decree is passed against A and B in consequence of a tort committed by them. Under what circumstances will they have a right of contribution against each other; and what will be a successful defence in a suit brought to claim such a contribution.
  43. A doctor travelling by railway is injured in an accident. Under what circumstances will he get damages from the company, and if he is awarded heavy damages on the ground that he is permanently disabled from practising, has the company any remedy if he afterwards recovers sufficiently to carry on his profession ? If he get damages for temporary disablement and afterwards becomes totally disabled, can he bring a fresh action ?
  44. Classify torts according to their nature. Give an instance of each class and show why such classification is of importance.
  45. Enumerate and explain the different forms of trespass to the person.
  46. Classify the torts recognized in English law according to the moral character of the act.
  47. Mention the several valid defences which may be set up to an action for damages for assault ?
  48. Under what circumstances will a plea of self-defence be an answer to an action for assault ?
  49. Explain the expression son assault demesne.
  50. How far, if at all, will the plea avail in an action for assault and battery that the plaintiff first assaulted and commenced the fight ?
  51. In what cases is a mere menace actionable ?
  52. What defences may be made to a suit for false imprisonment ?
  53. State in which respects the liability of a person for defamation in an action of tort differs from the liability in a criminal prosecution.
  54. What constitutes libel and slander ?
  55. What is the difference between libel and slander ? What proofs must be adduced by the plaintiff to prove his case in a suit for libel, and how may the defendant defend himself ?
  56. It is a rule of law that verbal slander must have caused actual damage in order to be actionable. State the exceptions, if any, to this rule and the reason for the exception, illustrating your answer by examples.
  57. What place has “ malice ” in the law of libel ? Under what circumstances is proof of actual malice necessary in an action for libel ? When may malice be inferred ? When must it be proved ?
  58. In what cases is a man liable for reckless assertions made by him ?
  59. What defences are available to a defendant in an action for libel, and what circumstances either aggravate or mitigate the wrong ?
  60. Under what circumstances will untrue words written and published on a privileged occasion be actionable and not actionable respectively ?
  61. Discuss the saying “ The greater the truth the greater the libel.”
  62. What is a privileged communication ? Give the principal instances of privileged communications.
  63. Point out the difference between absolute privilege and qualified privilege in an action for libel.
  64. Explain whether and why the following facts are good defences in an action for libel:
    1. The truth of the libel.
    2. The bona fides of the author of the libel.
    3. The fact that the libellous words were first spoken by another.
  65. Under what circumstances will the following be good defences in suits for defamation:
    1. That it was made by the defendant when acting as counsel in a Court of Justice.
    2. That it was a comment on the public conduct of a public officer.
    3. That it was made in protection of the defendant's own private interests.
  66. Will an action lie against a witness for uttering, in the course of his evidence, false and malicious statements against a party to a suit, and thereby causing him damage ?
  67. What kind of damages are allowed in actions for seduction, and on what grounds ?
  68. What is the measure of damages in an action for loss of service by result of the defendant's seduction of the plaintiff's daughter ? State also what circumstance or circumstances will aggravate the wrong and increase the measure of damages.
  69. Explain the term “ Slander of title ” and state what facts must be proved by the plaintiff in an action for the same.
  70. What was the old law regarding action for “ Slander of title,” and explain the gradual development of this branch of the law, quoting the leading cases thereon ?
  71. What must be proved in order to enable the plaintiff to recover damages in a suit for malicious prosecution ? What is the difference between ' false imprisonment ' and ' malicious prosecution ' ?
  72. Are the following defences to an action for malicious prosecution valid ? Give reasons for your answer.
    1. There was reasonable and probable cause for the prosecution although the defendant knew that the plaintiff was innocent.
    2. The defendant honestly though ignorantly believed that the plaintiff was guilty although there was no probable cause for the prosecution.
  73. State in what circumstances, if at all, an action will lie for the malicious prosecution of civil proceedings.
  74. Is the malicious prosecution of civil proceedings against a person actionable ? If so, what should be established in such an action, and if not, what is the remedy, if any, provided by law ?
  75. Give a short history of the origin, the gradual development, and the modern doctrines of law, as settled either by decided cases, or statutory enactments in respect of actions for injuries arising from fraudulent combinations and conspiracies whether by false prosecutions or otherwise.
  76. Under what circumstances will an action lie for procuring a third person to break his contract with the plaintiff ? What objection exist to allowing such an action ? Can it be maintained in India.
  77. Define possession, and state what is the law in regard to the acquisition of possession by a trespasser, and the right of the landowner to expel the trespasser by force, or forcibly to re-enter on the land ?
  78. Write a short note upon what constitutes a trespass upon a real property and in what respects it differs from a criminal trespass.
  79. In what respects is a licensee in a better position than a trespasser, and in a worse position than a person present on lawful business when he sustains injury upon the premises of another ?
  80. Can there be trespass committed by one tenant-in-common against another, and if so in what cases ?
  81. What are the injuries to real property in respect of which
    1. The tenant can sue the wrongdoer.
    2. The landlord can sue the wrongdoer.
    3. Both the landlord and the tenant can sue the trespasser ? Illustrate your answer by examples.
  82. How may a landlord be guilty of trespass in distraining for arears of rent due to him ?
  83. How far is force justifiable
    1. to prevent, or
    2. to remedy, trespass to land ?
  84. In an action for trespass
    1. State with reasons, under what circumstance or circumstances, if at all, will the plea of jus tertii prevail or fail.
    2. And, mention what other defence or defences may be available.
  85. Within what limits does the right of self-defence excuse an act which would otherwise amount to a trespass ?
  86. What is meant by;
    1. an action for trespass;
    2. an action of ejectment ?
  87. State fully in what cases a bailiff may justify breaking open the outer doors of a dwelling house in order to execute a a writ.
  88. What rule is adopted in the awarding of damages for injury to property ?
  89. What is meant by trespass ab initio ? Explain fully the law on the subject and refer to any decided cases you know bearing on the question.
  90. What important principles were laid down in the Six Carpenters' case and in Semayne's case ? State the qualifications with which they are applied.
  91. What rights, if any, has A:
    1. to have his land supported by that of his neighbour,
    2. to have his building supported by his neighbour's land,
    3. to have his land and building supported by the land and buildings of his neighbour,
    4. to have his land or buildings supported by the subterranean water under his neighbour's land ? Quote any cases you know of on these points.
  92. A dug a trench close to the boundary of B's land. B's buildings were injured by consequent subsidence of the soil. Discuss the liability of A for the injury so done.
  93. Where the surface and sub-soil of land are vested in different persons, what reciprocal obligations does the law impose on these persons ? Cite cases on this point.
  94. What are the rights of riparian proprietors on the same and on different sides of a fordable steam ?
  95. Underneath a large tract of land there is a quantity of subterranean water. The owners of the surface have wells of various depths by means of which the water can be raised to the surface. What are the rights and duties of those owners among themselves in respect of their use of their respective wells ?
  96. Point out the distinction between the right of a man to water flowing in a natural channel through his land, and water reaching it through an artificial water-course.
  97. State the nature and extent of rights to appropriate the water of:
    1. natural streams running in defined channels above ground.
    2. underground water running in defined currents.
    3. underground water percolating through the soil,
    4. surface water running in no defined channel. Cite leading cases in regard to subterranean water.
  98. Explain the expressions 'disturbance of common,' 'disturbance of market,' 'a several fishery.'
  99. Define conversion.
  100. Mention the facts which the plaintiff is bound to establish in an action of trover.
  101. Explain the distinction between an action for the wrongful detention of goods and an action for conversion of goods.
  102. In what cases is an innocent purchaser of goods held liable for conversion ?
  103. What is meant by
    1. action of trover,
    2. action of detinue, and
    3. action of replevin ?
  104. What monopolies exist in India, and what acts constitute violations of the rights respectively ?
  105. What are the essentials of a right to the use of a trade-mark?
  106. To what limitation is the the right of property in the use of a trade-mark subject ?
  107. What is necessary to constitute a piracy of a trade-mark ?
  108. What must the plaintiff prove in:
    1. a suit for damages, and
    2. a suit for an injunction, for an infringement of his right to trade mark ?
  109. What is an action for deceit? What are the facts necessary for a plaintiff to prove in order successfully to sustain an action for deceit ?
  110. When will an action lie in cases of fraudulent statements and fraudulent silence ?
  111. In an action of deceit, explain the liability, if any, of a principal in respect of a representation voluntarily made by the agent, stating the grounds for the existence or non-existence of any liability:
    1. Where the representation is false within the knowledge of the principal, but not of the agent.
    2. Where the representation is false within the knowledge of the agent, but not of the principal.
  112. What are the duties imposed upon a person who offers goods for sale ?
  113. What would be a nuisance in one locality may not be one in another. Comment briefly upon the accuracy of this proposition.
  114. What is the law in regard to a private individual's right of action in respect of a public nuisance which causes damage to him ?
  115. Distinguish between a private and a public nuisance, and state the facts which the plaintiff is bound to prove in an action for nuisance.
  116. What is the distinction between trespass and nuisance ? Can the same act amount to both, and if so, give instances ?
  117. When can a reversioner sue the wrong-doer in cases of nuisance ? Give instances.
  118. State the nature and extent of the civil liability of landlords and tenants upon the demised premises.
  119. What is the law with regard to the respective liabilities of the landlord and tenant in respect of injuries sustained by a stranger resulting from the premises being out of repair ?
  120. On what principle are damages usually assessed in cases of continuing nuisance ?
  121. What is meant by a “continuing injury”? What modes of redress can the injured person exercise in respect of it ?
  122. Define Negligence. Criticise the definition given by Baron Alderson.
  123. What are the principle rules regarding liability for breaches of a statutory duty towards the public? Does the fact that a statute provides a particular remedy for its breach entirely take away the right of action ?
  124. How far can a railway company, sued for damages caused by the working of its line, shelter itself behind the authority conferred on it by the legislature ? Illustrate your answer by a few well-known cases.
  125. What is meant by contributory negligence?
  126. In what circumstances, if at all, is the contributory negligence of a third party not a good defence ?
  127. In what circumstances, if at all, is the contributory negligence of the plaintiff not a good defence ?
  128. Upon what general principles are cases involving questions of contributory negligence by children decided ?
  129. Explain the doctrine of ' identification ' and state how it has been affected by recently decided cases. What is the true rule in cases where damage has been sustained by the concurrent negligence of two or more persons.
  130. State the class of cases wherein contributory negligence would afford no excuse in an action of tort for damages. What is the law when a danger is caused to a child:
    1. By the negligence of its parent or guardian;
    2. By the child itself independently of any negligence in its parent or guardian ?
  131. Is an owner of land, upon which water is stored, liable, and, if so, to what extent, for injury caused by the escape of such water ?
  132. Three persons, a guest, a servant, and a friend, of the master of an hotel enter it at the same time and are injured by the accidental falling of a beam. What liability does the master of the hotel incur ?
  133. Explain what is meant by a common carrier, and the extent of his liability for damage or loss to goods.
  134. What is the Common law liability of carriers,
    1. by land, and
    2. by sea ?
  135. What is the liability of carriers of passengers ?
  136. State shortly the nature and extent of the liability of Railway companies as carriers
    1. of goods,
    2. of passengers.
  137. Compare and contrast the liabilities of a common carrier with those of an ordinary carrier for hire.
  138. What is the difference between the liability of inn-keepers and that of lodging house keepers for the loss of the goods of a guest and lodger respectively? 138. What is the liability of persons keeping animals either wild or domestic for injuries done by them ?
  139. Had the lions in Mr. John's circus escaped during a railway accident and done damage, could the persons damaged have recovered :
    1. from Mr. John,
    2. from the Railway company? Give reasons for your answer.
  140. Discuss the liability of a man on whose property a fire breaks out for damage which that fire may cause to his neighbour.
  141. Through the negligence of the servants of the tenant of a house, the house is set fire to and burnt down. Is the tenant liable to the landlord for the damage done
  142. Explain what is meant by scienter.
  143. In which of the following actions can a man succeed, and why ? and what must he prove in each in order to succeed ?
    1. Against the owner of a dog which has bitten him,
    2. Against the owner of a monkey which has escaped from custody and injured him.
    3. Against the owner of a runaway horse which has knocked him down.
    4. Against a railway company where he has sustained injury from an accident by a defect in the wheels of the carriage in which he was a passenger.
  144. Explain the term “ tort founded on contract.” Give instances.
  145. Is privity necessary to support an action in tort?
  146. “ Wherever a duty is imposed on a person by contract or otherwise, and that duty is violated, any one who is injured by the violation of it may have a remedy against the wrong-doer. ” Comment on this proposition, and quote any cases you know in illustration.
  147. When does it happen that one and the same set of facts give rise both to an action in contract as well as in tort ? Show how fraud may give rise to such an alternative remedy.
  148. Illustrate by examples that the law of contracts and of torts may afford concurrent remedies, in the alternative, to the injured party in respect of the same wrongful act of the defendants.
  149. Give two examples:
    1. of a tort arising out of a breach of contract but yet independent of it; and
    2. of a tort involving the breach of a contract but yet independent of it.
    3. When, if ever, is one railway company liable for accidents happening on another company's line? Give reasons.


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