Notes Torts Law Osmania University

The below notes comprehensively cover unit-wise torts law syllabus, including answers to repeated previous-year questions as revision notes.

By studying from these notes, there’s no need to prepare for past papers separately—they’re already integrated for your convenience and easy preparation for sem exams.

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Previous Year Repeated Questions Torts Law

6 Mark Questions

1. Injuria sine damnum

2. Vis major

3. Conversion

4. Passing off

5. Consumerism

6. Central Consumer Protection Authority (CCPA)

7. Necessity

8. Third party risk

9. Res Ipsa Loquitur

10. Fault

11. Ubi Jus Ibi Remedium

12. Malicious Prosecution

13. Contributory Negligence

14. Sovereign Immunity

15. Motor Vehicle Accident

16. Sovereign functions

17. Mistake of fact

18. Damages

19. Nuisance

20. Consumer

21. Meaning of Tort

22. Wrongful intent

23. Absolute Liability

24. Immovable property

25. Public Nuisance

26. Injunctions

27. Unfair trade practices

28. Trespass

29. Act of state

30. Mistake

31. Scope of employment

32. Assault

15 Mark Questions

1. “A Tort is a civil wrong, all civil wrongs are not Torts”. Explain. (V.IMP)

2. Explain the various exceptions under law of Tort.

3. Discuss the essential Ingredients of the tort of negligence.

4. Explain the Rights of consumer under the Consumer Protection Act.

5. Discuss the General principle of liability in Torts?

6. Explain the rule in occupier liability.

7. Discuss the essential ingredients of the tort of Nuisance.

8. Explain the redressal machinery under the Consumer Protection Act.

9. Discuss the various General Defenses available under Law of Torts?

10. Explain the privileges available for the tort of Defamation.

11. What is tortious liability? Distinguish between intention, motive, and malice.

12. What do you understand by defamation? Are there any defenses available in case of defamation? If so, explain.

13. Explain the jurisdiction and powers of District Forum and State Commission under the Consumer Protection Act, 1986?

14. What is Tort? Discuss the essential elements of tortious liability?

15. Discuss with examples the liability of a master for the wrongful acts of his servants?

16. State the various kinds of judicial and extrajudicial remedies that are available to the plaintiff who has suffered an injury.

10 Mark Questions

1. A lady, knowing that the driver of the car, was drunk chose to travel in it instead of an omnibus. Due to the driver’s negligent driving, an accident was caused resulting in Injuries to the lady. Is the driver liable to pay compensation?

2. The plaintiff was a spectator at a motor car race on a track owned by the defendant company. During the race, there was a collision between two cars, one of which was thrown among the spectators, thereby injuring the plaintiff. Discuss the remedy available to plaintiff.

3. The defendant workers gathered around the plaintiff, rolling of their sleeves and threatening to break his neck if he did not immediately leave the place. Is the defendant liable for any Tort?

4. An Insurance Company rejected the claim of complainant after investigation, on the ground that the same was false. The complainant file the complaint before the consumer forum. Discuss.

5. The driver of a jeep left the ignition key in the jeep and went to the tailor’s shop. This provided a chance to B to drive the jeep and it resulted in the accident. Discuss the liability.

6. A boy sitting in a bus projected his arm outside the bus in spite of warning and is injured. Is the boy eligible to get damages.

7. The defendant drew out some wine out of the plaintiff’s cask and mixed water with the remainder to make good. Defendant is liable for which tort.

8. A cheque was dishonoured by the bank without any Justification. Will it amount to deficiency of service by the Bank.

9. ‘X’ a banker refuses to honour customer’s cheque having sufficient funds in his hands belonging to the customer, customer intends to file a suit against the banker, will he succeed.

10. X a driver of the police patrol Jeep. While reporting for duty in the morning and while driving to the police station he negligently crushed a school going boy under his jeep. The father of the boy brought an action for damages against the state. Decide.

11. A writes to a newspaper making allegations against B, which was published in the said newspaper. Discuss the liability of all concerned.

12. R, the driver of police van while taking Superintendent of police to the camp office caused accident to P, a pedestrian by negligence. P sued Government. Is Government liable?

13. A, an Ayurvedic doctor prescribed the allopathic medicines, which caused the death of a patient. Decide the Liability of the Ayurvedic doctor under the Consumer Protection Act.

14. The plaintiffs and defendant’s dogs were fighting. The defendant was beating them in order to separate them, and the plaintiff was looking. Defendant accidently hit plaintiff’s eye causing severe injury. Is defendant liable for damage?

15. ‘A’ has given some amount and cheque to his neighbor, who was an employee of the bank for depositing in the A’s account. But the friend, instead of depositing in the A’s account, misappropriated it. Is the bank liable?

16. ‘X’ a carpenter working in a shed, negligently lighted the pipe, which caused fire to the property of master. Whether ‘X’ is liable or not.

Syllabus Torts Law Osmania University

Unit-I:

Nature of Law of Torts – Definition of Tort – Elements of Tort – Development of Law of Torts in England and India – Wrongful Act and Legal Damage – Damnum Sine Injuriaand Injuria Sine Damno– Tort distinguished from Crime and Breach of Contract – General Principles of Liability in Torts – Fault – Wrongful intent -Malice – Negligence – Liability without fault – Statutory liability – Parties to proceedings.

Unit-II

General Defences to an action in Torts – Vicarious Liability – Liability of the State for Torts – Defence of Sovereign Immunity – Joint Liability – Liability of Joint Toreadors – Rule of Strict Liability (Ryland’s V Fletcher) – Rule of Absolute Liability (MC Mehta vs. Union of India) – Occupiers liability – Extinction of liability – Waiverand Acquiescence – Release – Accord and Satisfaction – Death.

Unit-III

Specific Torts – Torts affecting the person – Assault – Battery – False Imprisonment – Malicious Prosecution – Nervous Shock – Torts affectingImmovable Property – Trespass to land – Nuisance – Public Nuisance and Private Nuisance – Torts relating to movable property – Liability arising out of accidents (Relevant provisions of the Motor VehiclesAct).

Unit-IV

Defamation – Negligence – Torts against Business Relations – Injurious falsehood -Negligent Misstatement – Passing off – Conspiracy – Torts affecting family relations – Remedies-JudicialandExtra-judicialRemedies–Damages–KindsofDamages– Assessment of Damages – Remoteness of damage – Injunctions – Death in relation to tort – Action personalismoritur cumpersona.

Unit-V

Consumer Laws: Common Law and the Consumer – Duty to take care and liability for negligence – Product Liability – Consumerism – Consumer Protection Act, 1986 – Salient features of the Act – Definition of Consumer – Rights of Consumers -Defects in goods and deficiency in services – Unfair trade practices- Redressal Machinery under the Consumer Protection Act – CCPA- Liability of the Service Providers, Manufacturers and Traders under the Act –Remedies – Procedure for filing a consumer for dispute– E-filing – Continuous cause of action – Civil & Criminal liability – ADR & consumer – Penalties for misleading advertisement.

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