(Download) IAS (Main) Law Optional Paper : 2011

Answer any three of the following (Each answer should not exceed 200 words) 20 × 3 = 60

Q.1 (a) “Whenever there is a breach of duty there is a cause of action in tort, Discuss.
(b) The doctrine of “alternative danger” is the extension of the doctrine of contributory negligence” Discuss ?
(c) “In tort the plaintiff wins his case only when he proves as to what particular tort the defendant has committed against him” examine
(d) Which one of the following two expressions is correct and why ? ‘Law of Torts ‘ or ‘Law of Tort’

Q.2 (a) The liability of joint tort feasors is joint and several. In the light of This statement discuss who are joint tort feasors and their liability with the help of illustrations and case law? 30
(b) Discuss the rule of strict liability with the help of relevant case law. Is there any difference between strict liability and absolute liability 30

Q.3 (a) “In the tort of negligence the question as to whether the defendant has acted as a reasonable man or not depends on many factors” Discuss? 30
(b) The defendant establishes a flour mill in the heart of a city adjacent to the plaintiff’s house in a residential area. Running of the mill causes vibrations to the house and unpleasant noise. The plaintiff sues the defendant and claims damages and injunction. The defendant argues that he has a freedom to establish his own trade and business and that his flourmill is also beneficial to a large number of residents in the area ? Decide. 30

Q.4 (a) What are the exceptions to the rule of strict liability ? Briefly examine each of them. 20 × 3 = 60
(b) Distinguish between the following:
(i) Libel and slander.
(ii) Public nuisance and private nuisance.

Q.5 Answer any three of the following (Each answer should not exceed 200 words). 20 × 3 = 60
(a) “The maxim Res Ipsa Liquitor is not a rule of law but a rule of evidence” explain and illustrate?
(b) Voilenti non fit injuria Discuss?
(c) Doctrine of remoteness of damages is based on some principle for determining the liability of defendants ? Discuss.
(d) Absolute liability is a apex points of justice in which no any exception lies. Discuss

Q.6 (a) Civil wrong are always not actionable what a basic principle by which if is teslified is ?
(b) State cannot gets immunity in all acts under principles of sovereigntygive your answer with decided cases? 30

Q.7 (a) Res Ipsa loquitor lignite is presumption against the defendants discuss the law points which is involved above principle? 30
(b) Assault and battery is a tort as well as offence discuss it? 30

Q.8 Differentiate between torts of the following: 15 × 4 = 60
(a) Melicious prosection and false imprisonment?
(b) tresspass and Nuisance?
(c) Private nuisance and public nuisance?
(d) Slander and Lebel?

© www.upscportal.com