Subject Experts Solutions for Chapter: Law of Tort, Exercise 1: Practice Exercise

This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

PRINCIPLE Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.

FACTS The Delhi Metro Rail Corporation set up a link transport service permitting passengers to use buses to the end destinations. These buses and drivers were provided on contract to the Metro Corporation by the Delhi Bus Company and the drivers were trained, supervised, and instructed into the routes and manner of driving by employees of the corporation. When passenger X, had boarded one such bus and was involved in an accident on account of the bus driver; he wants to know against whom should he file the suit under the principle of vicarious liability.

This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

PRINCIPLE Where a dangerous article escapes, the owner shall be strictly liable for the harm which comes without being at fault.

FACTS Bhopal Gas Co. was in the business of manufacturing chemicals which produced a large amount of toxic residue. As per procedure, they used to store the waste in insulated boxes and hand it over to the collecting van of the municipal corporation once a week. After one such collection, the van driver drove negligently resulting in the escape and spilling of the contents of one of the waste barrels. Is Bhopal Gas Co. liable?

This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

PRINCIPLE Right to private defense entitles you to the license of force in the failure of other options to the extent of harm faced and proportionate resistance likewise.

FACTS X had a snake farm where he used to extract venom from the snakes and sell them for medicinal uses. One such neutralized snake entered into Y's property and his child's nursery. On being tried to be removed the snake got aggravated and was therefore killed by Y's servant. In a suit brought by X against Y.

This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

PRINCIPLE A principle is liable for such acts as committed in the course of agency, but is not liable for such acts as committed outside the course of agency.

FACTS ABC, a partnership between A, B and C maintained a bank account with XYZ. As per the standing arrangement with the bank, signatures of at least two partners were required for withdrawal of the money from the partnership account. B forged the signatures of A, which were exactly alike and withdrew a large amount of money and disappeared. In a suit brought by A and C.

This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

PRINCIPLE: The test as to whether the act done by an officer or agency of state is a sovereign function or a function done ordinarily, is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.

FACTS: In a boundary settlement dispute between India and Bangladesh, certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights.

In a suit against the Indian Government, the likely outcome is :

This question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

PRINCIPLE: 'Vis major' or an Act of God entails a sudden manoeuvre by elements of nature over which we have no control.

FACTS: In a bus accident where the driver died of a sudden cardiac arrest, the legal heirs of the deceased brought a suit against the bus company for not making the driver undergo the mandatory health and fitness test before giving employment. The bus company claims a defence of 'vis major'. The defence of vis major in this case shall :

This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

PRINCIPLE An unlawful action is sufficient to establish an actionable claim under the law of torts and the court need not go into the motivations behind such unlawful action.

FACTS Z, a reporter, had approached A, a famous politician, several times for an interview. Z knew that A was having an affair with his secretary. Frustrated and vengeful, Z ran a cover story about the affair disclosing all the information and evidence of the affair. A in turn sued Z for defamation, stating the action was based on vendetta and malice on account of his refusal to give Z an interview. The suit against Z shall.

This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. The act of unlawful entering into another's property constitutes: