Torts Questions Answers

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LAW OF TORTS – IMPORTANT QUESTIONS

WITH ANSWERS (KSLU – NAMMA KANOONU
FORMAT)
📄 UNIT 1: EVOLUTION AND BASIC
CONCEPTS
Q1: What do you understand by Tort? Define and
explain its essential characteristics.
Synopsis: This question covers the meaning, nature, and
essential elements of tort.
Introduction: Tort is a civil wrong that gives rise to legal
liability. It is not a crime or breach of contract but a
violation of a legal right of an individual.
Meaning: The word 'Tort' comes from the Latin word
"Tortum" which means twisted or crooked. It implies a
wrongful act.
Definition (Salmond): "A tort is a civil wrong, for which
the remedy is an action for damages, and which is not
exclusively the breach of contract or the breach of trust or
other merely equitable obligation."
Essentials of Tort:
1. Wrongful Act: Must be recognized by law.
2. Legal Damage: Violation of legal rights (not
necessarily physical harm).
3. Legal Remedy: Unliquidated damages as
compensation.
Examples:
If A drives negligently and hits B, A commits a
tort.
Conclusion: Tort is a broad legal concept that protects
individuals' legal rights and provides remedies in civil
courts.
Case Law: Ashby v. White (Violation of legal right)

Q2: Explain the maxims – Damnum Sine Injuria and

Injuria Sine Damnum.
Introduction: These maxims help in identifying whether
legal injury has occurred or not.
Injuria Sine Damnum
Meaning: Legal injury without actual damage.
Example: A voter was wrongfully stopped from
voting – legal right violated.
Case Law: Ashby v. White
Damnum Sine Injuria
Meaning: Actual damage without legal injury.
Example: New school opens and old school's
income drops. No legal injury.
Case Law: Gloucester Grammar School case
Conclusion: These maxims help courts decide liability
based on legal rights, not just financial loss.
📄 UNIT 2: GENERAL DEFENCES AND
VICARIOUS LIABILITY
Q3: What are the general defences in Tort law?
Synopsis: This includes excuses a defendant can take to
escape liability.
Introduction: Even if a tort is committed, certain
defences can relieve the defendant from liability.
Defences:
1. Volenti Non Fit Injuria: Consent to risk (e.g.,
boxer injured in a match).
2. Inevitable Accident: Accident couldn’t be avoided
even with care.
3. Act of God: Natural calamities like floods.
4. Private Defence: Reasonable force to protect self
or property.
5. Necessity: Action done to prevent greater harm.
6. Statutory Authority: Legal permission (e.g.,
railway noise).
Conclusion: These defences protect honest or
unintentional wrongdoers from being penalised.
Case Law: Nichols v. Marsland (Act of God)

Q4: What is vicarious liability? Explain with

examples.
Introduction: Vicarious liability means holding one
person responsible for another’s actions.
Meaning: It mostly applies in employer-employee
relationships.
Examples:
A driver hits someone while delivering goods. The
employer is liable.
Maxims:
Qui facit per alium facit per se – He who acts
through another.
Respondeat superior – Let the master answer.
Conditions:
1. Relationship (e.g., master-servant)
2. Wrongful act must be in course of employment
Conclusion: Vicarious liability ensures accountability in
legal relationships.
Case Law: State of Rajasthan v. Vidhyawati
📄 UNIT 3: NEGLIGENCE, NUISANCE,
STRICT & ABSOLUTE LIABILITY
Q5: Define negligence and explain its essentials with
case laws.
Introduction: Negligence is carelessness which results in
damage to another person.
Essentials:
1. Duty of care
2. Breach of duty
3. Damage caused
Case Law: Donoghue v. Stevenson (Ginger beer case)
Conclusion: Negligence is actionable when legal duty is
breached and injury is caused.

Q6: Differentiate between Strict and Absolute

Liability.
Basis Strict Liability Absolute Liability
MC Mehta v. Union
Origin Rylands v. Fletcher
of India
Yes (e.g., Act of
Exceptions No exceptions
God)
Dangerous Hazardous
Use
substance escapes industries
Conclusion: Absolute liability is stricter and applies to
modern industries.
📄 UNIT 4: TORTS AGAINST PERSON,
PROPERTY, REPUTATION
Q7: What are the essentials of defamation?
Introduction: Defamation injures a person's reputation.
Types:
 Libel: Written
Slander: Spoken
Essentials:
1. False statement
2. Published to a third person
3. Injury to reputation
Defences: Truth, fair comment, privilege
Case Law: D.P. Choudhary v. Kumari Manjulata
Conclusion: Defamation balances freedom of speech and
protection of reputation.

Q8: What is malicious prosecution? Explain its

ingredients.
Introduction: Filing a false criminal case with malicious
intention.
Essentials:
1. Malice
2. Absence of reasonable cause
3. Damage to reputation/liberty
4. Favourable termination for victim
Case Law: West Bengal v. SK Mondal
Conclusion: It protects individuals from wrongful legal
harassment.
📄 UNIT 5: CONSUMER PROTECTION ACT
AND MOTOR VEHICLE ACT
Q9: Who is a consumer and what are the remedies
under the Consumer Protection Act, 1986?
Introduction: Protects consumers from unfair trade
practices.
Who is a consumer?
A person who buys goods or services for
consideration.
Rights & Remedies:
Refund
Replacement
Compensation
Consumer Forums (District, State, National)
Conclusion: The Act empowers consumers to raise their
voice legally.

Q10: What is no-fault liability under the Motor

Vehicles Act?
Meaning: Compensation is given even if the fault is not
proved.
Example: Road accident death or injury
Legal Provision: Section 140 of the Motor Vehicles Act
Conclusion: This ensures quick relief to accident victims
or families.

Prepared for easy understanding, revision, and confident

teaching.