UPSC : Civil Services (Main) Exam, 2009 Optional Paper
Section - A
1. Answer any THREE of the following (answer to each question must not
exceed 200 words). Support your answer with the help of legal provisions and
(a) ‘Although the requirements of mens related is, general throughout the
criminal law, there are numerous exceptions to it’. Explain with illustrations.
(b) ‘Necessity knows no law’. Comment giving illustrations
(c) ‘Volenti non fit injuria is a defence for liability in tort’. Illustrate
your answer with decided cases.
(d) Explain the ingredients of “Innuendo”. What is a plaintiff required to prove
in order to sustain the plea of Innuendo?
(a) Explain the ingredients of the offence of criminal misappropriation of
property and distingish this from criminal breach of trust. A sees Z drop his
purse with money in it. A picks up the purse with the intention of returning it
to Z, but afterwards appropriates it for his own use. Has A committed any
(b) Distinguish between culpable homicide and causing death by rash or negligent
act. A, a woman with a view to poisoning her husband, administered to him a
substance which she believed to be poison, but which in fact was harmless. What
offence if any she has committed in this case?
(a) ‘A statement made in performance of duty is privileged’. In the light of
this statement critically examine the tort of defamation.
X the famous writer and art critic while criticising the paintings of Y the
famous painter, wrote in the newspaper as follows :
‘Mr. Y’s paintings are pots of paint hurled in the eyes of the public’. He
afterwards wrote to Y saying that whatever he had written had been said by him
in the course of his duty and hoped that he would not allow this to interfere
with their friendship. Y replied and said ‘Next time I meet you, I shall punch
your nose them hard. I hope you will not allow this to interfere with out
What torts, if any, have they committed and what defences are available to them?
(b) ‘A master is not responsible for a wrongful act unless it is done in the
course of employment’. Comment and explain the circumstances when wrongful acts
are deemed to be done “in the course of employment”. Refer to decided cases.
(a) “The enforcement of any disability arising out of untouchability is to be
an offence punishable in accordance with law”. Comment upon this statement and
discuss in this context the scope of protection of Civil Rights Act, 1955.
(b) “Damnum sine injuria and injuria sine dammum are two different principles of
law”. Comment briefly.
(c) List briefly the procedure to be followed by a District Forum on receipt of
a complaint regarding defective goods under the Consumer Protection Act, 1986.
Section - B
5. Answer any THREE of the following (answer to each question must not
exceed 200 words). Support your answer with legal provisions and decided cases.
“(a) ‘An invitation to treat is not an offer’. Explain.
(b) ‘An attempt at deceit which does not deceive is not fraud’. Do you agree?
(c) “A cheque marked ‘not negotiable’ is neverthless negotiable”. Comment.
(d) ‘A quantum meruit, although a quasi contract, arises out of a contract’.
(a) ‘Information Technology - brought about by Computers, Internet and
Cyberspace - has posed new problems in jurisprudence’. In the context of this
statement, critically examine how far our existing laws are deficient in meeting
(b) ‘The essential characteristic of an agent is that he is invested with a
legal power to alter his principal’s legal relations with third parties; the
principal is under a co-relative liability to have his legal relations altered’.
Discuss. A enters into a contract with B to sell him 500 bales of cotton and
afterwards discovers that B was acting as agent for C. Who is liable to A for
the price of the cotton?
(a) ‘As an agreement is an essential ingredient in a Partnership, it follows
that a minor cannot enter into an agreement of Partnership’. Critically examine
this statement and discuss the circumstances under which the Indian Partnership
Act permits a minor to participate in the benefit of partnership.
(b) Explain the concept of ‘Holder’ and ‘Holder in due course’ as envisaged in
the Negotiable Instruments Act and also examine the privileges and protections
to which they are entitled under the Act. Illustrate your answer with decided
8. Distinguish between the following, citing relevant provisions/case
laws. Limit your answers to about 200 words each.
(a) ‘Contract of indemnity’ and ‘Contract of guarantee’.
(b) ‘Specific offer’ and ‘General offer’.
(c) ‘Sale’ and ‘hire purchase’ agreement.