2.1-Law of Torts - question paper PDF

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II-SEM-BBA.LLB-LoT-2.1 2021 JANURAY BIRLA GLOBAL UNIVERSITY SECOND SEMESTER BBA.LL.B EXAMINATION SUB- LAW OF Torts PAPER CODE- BBALH SEM-II

TIME- 2 ½ HOUR S

FULL MARKS-50

Section-A 1. Answer any five questions.

[2 X 5]

a. Define Public Nuisance and explain its various Elements with illustration. b. The plaintiff was a passenger of defendant’s Bus with 25 other passengers. The coach was driven negligently and the plaintiff fearing any accident jumped off the bus and broke his leg. But after 4 minutes the Coach stopped without meeting any accident. Discuss whether it can come under contributory negligence or not? And whether he can claim any compensation or not? c. Define “Aggregators” as highlighted under the new Motor Vehicle Amendment Act, 2019? d. A driver contracted with a mixed concrete company for the delivery of

concrete. The Contract declared

him

as

an

“independent

contractor” and set out wages and expenses. The driver was to purchase his own vehicle, yet with a requirement that the vehicle be Painted in company colours. He was to drive the vehicle himself but under compliance With certain company’s rules including, for example, the manner of vehicle repairs and Payments. Discuss if it’s a contract of service or Contract for Service? e. Write a Short note on Restrictive trade practices under Consumer Protection Act 2019. f. what is Private Nuisance explain with an Illustration g. what is sovereign Immunity? Give an illustration h. what is the penalty for Not wearing helmet and driving without Driving license under the MV Act?

Section-B Answer all questions

[8 X 5]

2.

Explain the logical progression of the Concept of ‘Nervous Shock’ emphasizing on the concept of Primary Victim and Secondary Victim.

The careless Driving of A had led to a road accident involving B’s husband and children. But at the time of accident B was at home some 2 km away from the scene of the accident. B reached the hospital two hours after the accident where she learnt about the serious injuries received by her family members. She suffered Nervous Shock. Can her action against A succeed? OR

Mr Vishnu the complainant was the father of deceased boy named Sambhu a 1 st Year Law student from NAREAL College. The boy sambhu was hit by a bus and was rushed to the Bhagwan Bharose hospital by the complainant which was 1 km from the accident spot. The boy was conscious when he was taken to Bhagwan Bharose hospital and the complainant showed his medical insurance card, which clearly says that the boy will be given Rs.95,000 by the Insurance company in case of accident, relying on it hospital started treating boy but after giving some initial treatment hospital demanded Rs 65,000 for transferring him to ICU and on the non- payment of the demanded money hospital discontinued treatment of the boy and the boy was rushed to another hospital which was 2 km away. But in the way the boy died. Discuss whether the principles of Medical Negligence Under Tort law that can be applied in the present case. And also advice the compensation that may be claimed and which forum will be appropraite to file a case. 3. Discuss the concept of Nuisance and decided case laws. OR

Discuss the liability of the Government for the tortious acts of its employees. In what way is Indian law different from English law? 4. The Driver of a Jeep observed a truck coming in the middle of the road from a long distance. The headlights were not dimmed. The driver of the jeep did not take the precaution to go to the kutcha road on the left side, to avoid accident with the truck. There was an accident and one of the person in the front seat was thrown out and killed. The driver of the jeep also suffered injuries and other two passengers in the back seat as well.

It was found out that there were three persons in the front seat, where there was only scope for two to sit comfortably. The court found out fault of the deceased at around 25% and that of Driver at around 40%. And the negligence on the part of Truck Driver and that of Jeep driver was apportioned at 60% and 40% respectively. If the claim for total damage assessed by the court for Deceased is say 1 lac and for driver is 50,000 INR. And that of the other two passengers was calculated at Rs 40,000 and Rs 50000. Find out liability of the parties on the basis of the Principle of Contributory and Composite Negligence? Also highlight the difference between the two principles. OR

Due to a horrific train crash in Lalaland due to which 90 people were killed and many more were seriously injured. Mr Chatur who lived 200 yards from the scene of the crash, attended the scene to provide some assistance. He worked many hours through the night crawling beneath the wreckage bringing aid and comfort to the trapped victims. As a result of what he had witnesses he suffered acute anxiety neurosis and received treatment as an inpatient for 6 months. Discuss the Principles of Nervous shock by highlighting landmark cases and Decide whether he can claim compensation or Not. 5. A man was employed as a garage as a general garage hand, during which he would assist in moving cars out of the way of other cars by pushing them by hand. He had been forbidden to drive the cars, as he did not have a driving license. Whilst moving a van, he chose to drive the van on a highway, colliding and damaging another car. The injured party claimed damages from the employer. Discuss the Liability OR

The offending motor vehicle in May 2020 had run over two people in which one Nitin died on the spot and other Smt. Jai Devi received multiple injuries. The offending vehicle was registered in the name of First respondent Mr. Shyam, who contended that in 2007 he had sold the vehicle to the Second respondent Mr. LAXMAN i.e. prior to the accident and had handed over possession of the vehicle together with relevant documents including the registration certificate for transfer of the vehicle. The Second respondent stated that he sold the vehicle to the Third respondent Mr. John in 2008 along with relevant documents. The

Third respondent in turn claimed that he sold the vehicle to the appellant Mr. Justin in the instant case. The appellant claimed that he had sold the vehicle to one Meer Singh. Who is the owner of the vehicle? Discuss the liability under the Motor Vehicle Act, 2020 6. Explain three-tier Consumer Disputes Redressal Machinery established under the Consumer Protection Act, 2019. Discuss the composition and jurisdiction of the National Dispute Redressal Commission. Where can an appeal lie against the order of the National Commission? OR

Discuss the definition of service under the Consumer Protection Act, 2019. Elucidate whether medical services rendered by general practicing doctor in a locality on one hand and Government hospitals such as All India Institute of Medical Sciences fall within the ambit of the said definition of Service. Explain with case laws.

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