General theory and principles of tort liability


Question 1: Tort is a civil wrong for which the remedy is a general law action for un-liquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other just equitable obligation-Salmond. Describe the statement.

Question 2: Examine how far mental element is relevant in determining the liability in Tort. Refer to the decided cases.

Question 3: Describe with decided cases the defense of Inevitable Accident in an action for Tort.

Question 4: With the help of decided cases describe the maxim “Volunti Non - fit Injuria” as a defense in an action for Tort.

Question 5: Examine the liability of the Master for the torts committed by the Servant. Refer to the decided cases.

Question 6: What do you mean by Strict Liability? How does it distinct from Absolute Liability?

Question 7: With the help of decided cases describe the fundamentals of the tort of Negligence.

Question 8: Examine the rules associating to the application of Contributory Negligence in an action for tort. Refer to the decided cases.

Question 9: Write a note on Jacob Mathew versus Punjab ((2005)6 SCC.1) in the context of medical negligence.

Question 10: Write brief notes on any two of the given.

a) Tort and quasi- contract.
b) Daminum sine injuria
c) Act of god (vis major)
d) Principal and agent.

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Business Law and Ethics: General theory and principles of tort liability
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