LAW OF TORTS

II Semester BCOM, LL.B

PROBLEM BASED QUESTIONS

Course Teacher: Dr. Vani K G
Associate Professor

Question no 1

Scenario:
Imagine a shipbuilding company, Oceanic Shipworks Ltd., which regularly employs contract
workers to repair ships. Among these workers, James and Robert have been working on
temporary contracts, performing ironwork for the company.
One day, Michael, a senior union representative, learns that James and Robert had previously
taken work from other union members in a different shipyard. Outraged, Michael approaches
the management of Oceanic Shipworks Ltd. and warns them that if James and Robert continue
to be employed, the rest of the workers will go on strike.
Fearing industrial unrest and potential financial losses, Oceanic Shipworks Ltd. decides to
terminate the contracts of James and Robert, even though the company was satisfied with their
work and had no prior intention of dismissing them.
Feeling wronged, James and Robert file a lawsuit against Michael, arguing that he had
maliciously and wrongfully induced their dismissal despite no breach of contract.
Was Michael liable for tortious interference (inducing a breach of contract or causing
economic harm through unlawful means), even though he did not act illegally?
Question no 2
Scenario:
Arjun Sharma, a young and vocal opposition party leader in Himachal Pradesh, was
scheduled to attend a crucial legislative assembly session in Shimla. He was expected to raise
serious concerns about corruption allegations against the ruling government.
On the morning of the session, while traveling from his hometown to Shimla, Arjun was
stopped by the police at a checkpoint. The police, without providing any valid reason, took
him into custody and detained him at an undisclosed location. His supporters and legal
representatives were not informed about his whereabouts, and he was denied the right to contact
his family or lawyer.
As a result, Arjun was unable to attend the assembly session, and the ruling party passed a
controversial bill in his absence. His detention was later revealed to be an attempt to suppress
opposition voices.
His wife, Neha Sharma wants to file a petition. Kindly advise her.

Questionno3:

Rohan, a well-known private tutor, runs a successful coaching institute in the city. Seeing his
popularity, his former assistant, Vikram, decides to start his own coaching center right next to
Rohan’s institute. To attract students, Vikram offers lower fees and free study materials,
causing many of Rohan’s students to switch to Vikram’s institute. As a result, Rohan suffers a
significant financial loss.
Feeling aggrieved, Rohan files a lawsuit against Vikram, claiming that Vikram’s actions have
caused him economic loss and demanding compensation.
Legal Issues:
 Can Rohan succeed in his claim for damages against Vikram?
 Does causing financial loss alone, without any wrongful act, constitute a tort?

Question no 4:

Ms. Usha Wants to File a Suit Against Bhagyalaxmi Theatre Praying for A Permanent
Injunction (Stay Order) Restraining the Theatre from Running the Film Named “Jai Santoshi
Maa”. Her Contention Is That the Film Hurt Her Religious Feelings and Sentiments as Goddess
Saraswati, Laxmi and Parvati Were Depicted as Jealous and Were Ridiculed.
Options:
(A) She cannot file a Suit Because Injury to Religious Feelings is not a Legally
Recognized Right.
(B) She cannot file a Suit because the Theatre has a Fundamental Right to Speech and
Expression.
(C) She can file a Suit as Injury to Religious Feelings has been Legally Recognized as a
Right (Injuria Sine Damnum).
(D) It is a Case of Complete Judicial Discretion.
Question No. 5 TRESPASS

Mr. Rajan, an independent journalist, has been publishing articles critical of the local
administration. One evening, four government officers, claiming to act under verbal
instructions from a senior official, enter Mr. Rajan’s house without a warrant. They search
his home, seize personal documents, and take away his laptop. No criminal charges are filed
against him.

Mr. Rajan files a civil suit claiming trespass to property and unlawful seizure of his
belongings.

Questions:

1. What tort has been committed by the government officers in this case?
2. Can a person acting under government orders be held liable for trespass?
3. How would the principle laid down in Entick v. Carrington (1765) apply to this
situation?
4. What remedies, if any, can Mr. Rajan claim under the law of torts?

Answer: Entick v. Carrington (1765)

Facts: King’s messengers broke into Entick’s home, seized papers without legal authority.
Held: The action was unlawful; government officers cannot act beyond legal authority. This
case established that executive power is subject to the law and trespass without lawful
justification is actionable, even by state agents.

Question No. 6 DEFAMATION

Mr. Kumar, editor of a weekly newspaper, publishes an article alleging that Dr. Sharma, a
well-known surgeon, routinely accepts bribes and performs unnecessary surgeries for profit.
The article contains no concrete evidence and is based on anonymous sources. As a result of
the publication, Dr. Sharma’s professional reputation suffers, and several of his patients
cancel appointments. Dr. Sharma files a suit for defamation.*

Questions:

1. Has defamation occurred in this case?

2. What are the essential elements of defamation, and do they apply here?
3. Refer to a relevant case law and explain the legal position.
4. Can Mr. Kumar defend the publication under the defense of fair comment or public
interest?

Model Answer:

1. Yes, defamation has occurred. The statement published by Mr. Kumar has lowered
Dr. Sharma’s reputation in the eyes of the public, which is a key element of
defamation.
2. Essential elements of defamation:
o A false statement was made.
o It was published to a third party.
o The statement was defamatory, i.e., it harmed the plaintiff’s reputation.
o The statement referred specifically to the plaintiff.
o Malice or lack of justification (not always necessary in civil defamation).

All these elements are satisfied in this case.

3. Relevant Case:
T.V. Ramasubba Iyer v. A.M.A. Mohideen (1954) AIR 1955 Mad 473
In this case, a defamatory statement was published in a newspaper suggesting
dishonest behavior by a public figure. The court held that without sufficient proof or
public interest, such publications amounted to defamation.
4. Defense of Fair Comment or Public Interest:
Mr. Kumar cannot take the defense of fair comment, as the article lacked factual
basis and was based on anonymous sources. For a comment to be “fair,” it must be:
o Based on true facts,
 o Made in good faith,
o On a matter of public interest.

Since these conditions are not met, the defense fails.

Question No. 7 Deficiency in Service – Medical Negligence

Illustration:
Ms. Renu visits a private hospital for a minor surgery. Due to careless handling during the
procedure, she suffers permanent nerve damage. She later finds out that the operation was
performed by an intern and not a qualified surgeon.

Question:
Has there been a violation of consumer rights? What remedy is available under the Consumer
Protection Act?

Case Law:
Indian Medical Association v. V.P. Shantha (1995) 6 SCC 651
Held: Medical services fall under the ambit of "service" under the Consumer Protection Act.
Negligent acts by hospitals or doctors constitute deficiency in service, and the patient is
entitled to compensation.

Question No. 8 Unfair Trade Practice – Misleading Advertisement

Illustration:
Mr. Arjun buys a protein supplement online, which was advertised as “100% natural with
zero side effects.” After using it, he experiences severe skin rashes. The product label shows
it contains artificial preservatives.

Question:
What consumer right has been violated? Can Mr. Arjun seek redressal?

Case Law:
Pepsico India Holdings Pvt. Ltd. v. Consumer Education and Research Society (2002)
The court held that misleading advertisements amount to unfair trade practices.
Consumers have the right to be informed and to seek compensation for harm caused by
deceptive claims.

Question No. 9 Right to Choose – Forced Product Bundling

Illustration:
A mobile phone store tells Neha she can buy a phone only if she purchases an extended
warranty and accessories along with it. She is not allowed to buy just the phone.

Question:
Is Neha’s consumer right violated? What principle of consumer protection is involved?

Case Law:
MRTP Commission v. Voltas Ltd. (1991)
Forced selling or tie-in sales are against the consumer’s right to choose. The consumer must
have freedom to choose only the product they want without coercion.

Question No. 10 Defective Goods – Safety Risk

Illustration:
Ravi buys an electric kettle from a reputed brand. Within two days, the kettle malfunctions
and causes a short circuit, damaging his kitchen appliances.

Question:
Can Ravi claim compensation? What kind of consumer right is affected?

Case Law:
Kavita Ahuja v. Shipra Estate Ltd. & Anr. (2016)
The court reaffirmed that a consumer is entitled to compensation if goods are defective and
unsafe, causing additional loss. This falls under the right to safety and compensation for
defective goods.

Question No. 11 Right to Redress – Delay in Complaint Handling

Illustration:
Simran files a complaint with an e-commerce platform about a broken product but gets no
response even after several follow-ups for two months.

Question:
Which consumer right is violated here? Can she escalate the issue?

Case Law:
K.D. Gaurav v. M/s. Max Bupa Health Insurance (2019)
Held: Ignoring consumer grievances amounts to denial of the right to redressal. Platforms
and service providers are obligated to handle complaints in a time-bound manner.

Question No. 12 Compensation for Road Accident (No-Fault Liability – Sec.

164)

Illustration:
Ramesh, a pedestrian, is hit by a speeding truck and dies on the spot. His family files a
compensation claim but the driver argues that Ramesh was crossing the road irresponsibly.

Question:
Can the family claim compensation under the Motor Vehicles Act even if fault is not proved?

Case Law:
U.P. State Road Transport Corporation v. Trilok Chandra (1996)
The court held that under Section 164 (No-fault liability) of the MV Act, compensation is
payable without proving negligence. Hence, Ramesh’s family is entitled to ₹5 lakh (as per
2019 amendment).

Question No 13. Driving Without a Valid License – Liability and Penalty

Illustration:
Amit, a 17-year-old boy, borrows his uncle’s motorcycle and meets with an accident. The
third party gets injured and files a claim. The insurance company refuses to pay, citing
Amit’s age.
Question:
Can the insurer deny liability? Who is responsible?

Case Law:
National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297
The Supreme Court held that insurance companies can deny liability if the vehicle was
driven without a valid license. However, the injured third party must be compensated, and
the insurer can later recover the amount from the vehicle owner.

Question No 14. Third Party Insurance – Mandatory Nature (Sec. 146)

Illustration:
Seema drives her car without renewing her insurance and hits a cyclist, causing serious
injury. The cyclist files a compensation claim.

Question:
Is Seema liable even though the accident was unintentional? Is insurance compulsory?

Case Law:
Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan (1987) 2 SCC 654
It was held that third-party insurance is compulsory and intended to protect victims of road
accidents. Driving without insurance is punishable under Section 146, and the owner is
personally liable if insurance has lapsed.

Question No 15. Hit and Run Case – Compensation under Section 161

Illustration:
Aman, a delivery boy, is hit by an unknown vehicle that speeds away without being
identified. Aman suffers serious injuries and is hospitalized for weeks.

Question:
What remedy does Aman have under the MV Act?
Case Law:
Kaushnuma Begum v. New India Assurance Co. (2001)
The court emphasized that in hit-and-run cases, compensation is available under Section
161 from the Motor Vehicle Accident Fund, even if the vehicle or driver is not traceable.
Aman can claim ₹2.5 lakh for grievous injury (as per 2019 amendment).

Question No 16. Product Liability

Illustration:
Ritika buys a new electric iron from a reputed brand. On the third day of use, the iron
suddenly overheats, emits smoke, and catches fire, causing burns to her hand and damage to
her furniture. Upon inspection, it is found that the product had a manufacturing defect in its
internal wiring. Ritika sues the manufacturer and the seller under product liability.

Questions:

1. Can Ritika hold both the manufacturer and the seller liable?
2. What elements must Ritika prove to succeed under product liability?
3. Which provisions of the Consumer Protection Act, 2019 apply?
4. Can the manufacturer take any valid defense?

Model Answer:

1. Yes, under the Consumer Protection Act, 2019, Ritika can hold both the
manufacturer and seller liable under the product liability framework (Chapter VI,
Sections 82 to 87).
2. Ritika must prove that:
o The product was defective (manufacturing defect).
o The defect caused injury and property damage.
o She used the product in a reasonably foreseeable manner.
3. Relevant provisions:
o Section 84: Product liability action against the manufacturer for
manufacturing defect.
 o Section 85: Liability of product sellers, if they modify or mishandle the
product, or fail to warn about risks.
o Section 82(c): “Product liability” includes injury caused by the product to the
consumer.
4. Defenses available to the manufacturer:
o If Ritika misused the product or ignored clear warnings.
o If the defect did not exist when the product left the manufacturer.
o If the product was altered by the seller or a third party after manufacturing.

Donoghue v. Stevenson (1932) – the foundational case for manufacturer’s liability to

consumers (the "neighbour principle").

Question No. 17 Damnum Sine Injuria (Damage without Legal Injury)

Illustration:
Mr. Sharma opens a coaching center beside Mr. Gupta’s well-established institute. Sharma
charges lower fees and provides better facilities. As a result, many students leave Gupta’s
institute and join Sharma’s. Mr. Gupta suffers heavy financial loss and sues Mr. Sharma for
damages.

Question:

 Can Mr. Gupta claim compensation for the financial loss under tort law?
 Identify the maxim involved and explain its application with a case reference.

This is a case of Damnum Sine Injuria – where there is actual loss/damage but no legal
injury (i.e., no violation of legal right).
Mr. Sharma has done nothing unlawful; competition is legal.

Case Law:
➡️ Gloucester Grammar School Case (1410): A teacher opened a rival school, causing loss
to the existing school. The court held no legal injury was done, so no compensation.

Question No. 18 Injuria Sine Damnum (Legal Injury without Actual

Damage)
Illustration:
Ms. Priya, a qualified lawyer, is wrongfully denied entry into the courtroom by the
security staff despite having valid ID. She suffers no physical harm or financial loss but files
a case claiming violation of her legal right to practice.

Question:

 Can Priya claim damages even though she suffered no monetary or physical loss?
 Which maxim applies and what is its legal effect

This is a case of Injuria Sine Damnum – where a legal right is violated without actual
damage.
Priya’s right to practice was wrongfully denied, so she can claim damages.

Case Law:
➡️ Ashby v. White (1703): Plaintiff was denied the right to vote, though it didn't affect the
election outcome. Court awarded damages stating violation of legal right itself is
actionable.

Question No. 19 Parental Rights

Illustration:

Mr. and Mrs. Sen's 12-year-old son, Arjun, is injured in a car accident caused by a negligent
driver while returning home from school. Due to his injuries, Arjun is hospitalized for over a
month and suffers partial disability, making him unable to help with household tasks or
continue his education properly. The parents claim damages not only for medical expenses
but also for the loss of their child's services, emotional trauma, and disruption to their family
life.

Questions:

1. Can the parents claim damages under tort law for the injury to their minor child?
2. What parental rights are recognized under tort law in such cases?
 3. Which case law supports the parents’ claim for loss of services and consortium?
4. Is the child's age relevant in determining parental entitlement to compensation?

1. Yes, the parents can claim damages under tort law. When a minor child is injured due
to another’s tortious act, the parents may have a separate cause of action for:
o Loss of the child’s services,
o Medical expenses, and
o Loss of consortium (emotional and relational loss).
2. Parental Rights under Torts include:
o Right to claim compensation for loss of services of a minor child.
o Right to be compensated for medical and incidental expenses incurred.
o In some jurisdictions, even emotional distress or loss of companionship may
be claimed.
3. Case Law:
o Ranjan M. A. v. Muthoot Finance Ltd. (Kerala HC, 2013) – Parents were
granted compensation for the loss of service and pain suffered when their
minor child died in an accident.
o Also, in Tort law tradition, the principle from Baker v. Bolton (1808) is
often cited: While historically it denied emotional loss claims, modern law in
India and elsewhere recognizes such rights, especially under personal injury
claims involving children.
4. Yes, the age is relevant. Parents can claim loss of services only when the child is a
minor and legally under their care and control. The younger the child, the more valid
the claim, particularly if the child contributed to household tasks or if the injury
affects their future ability to contribute.

Question No. 20 Malicious Prosecution

Illustration:

Mr. Rajiv, a school teacher, has a long-standing dispute with his neighbor, Mr. Karan. Out of
spite, Karan files a false complaint with the police alleging that Rajiv has stolen his mobile
phone. Rajiv is arrested, detained overnight, and suspended from work while the case is
investigated. After a full trial, the court finds that the complaint was baseless and maliciously
motivated. Rajiv then sues Karan for malicious prosecution, claiming damages for harm to
his reputation, emotional distress, and loss of income.

Questions:

1. Can Mr. Rajiv succeed in a suit for malicious prosecution?

2. What essential elements must Rajiv prove to establish the tort of malicious
prosecution?
3. Which case law supports the claim for malicious prosecution in India?
4. What kinds of damages may be awarded in such a case?

Answer

1. Yes, Rajiv can sue Karan for malicious prosecution, provided he can prove all the
essential elements of the tort.
2. The five essential elements of malicious prosecution are:
o The defendant initiated or continued legal proceedings against the plaintiff.
o The proceedings ended in the plaintiff’s favor.
o There was no reasonable or probable cause for initiating the proceedings.
o The proceedings were initiated with malice.
o The plaintiff suffered damage as a result (to person, property, or reputation).
3. Case Law:
o West Bengal State Electricity Board v. Dilip Kumar Ray (2007): The
Supreme Court reiterated that malicious prosecution is a serious tort, and all
elements must be strictly proven.
o Gaya Prasad v. Bhagat Singh (1908) ILR 30 All 525: It was held that false
and malicious prosecution entitles the plaintiff to compensation for the injury
to reputation and liberty.
4. Damages awarded may include:
o Compensation for mental agony and humiliation.
o Loss of reputation or employment.
o Legal expenses incurred.
o Loss of income during the prosecution period.
Long Answers

Question No. 1 Define Tort. Explain why tort is a civil

wrong and all the civil wrongs are not tort
The word "tort" is derived from the Latin term tortum, which means "twisted" or
"crooked"—hence, a deviation from the straight path of law.

In legal terms, a tort is: “A civil wrong, other than a breach of contract, which the law
recognizes as a wrongful act and provides a remedy in the form of compensation.” It involves
a legal duty owed by one person to another, and a breach of that duty causing harm or injury
to the person affected.

Why Tort is a Civil Wrong

A tort is a civil wrong because:

 It violates the legal rights of an individual.

 The remedy is generally compensation or injunction, not punishment.
 The action is brought by the injured party (not the state).
 The purpose is to restore the injured party to their original position.

Example:
If A drives negligently and injures B, B can sue A for damages (compensation) under tort
law. This is a civil matter between A and B.

But All Civil Wrongs Are Not Torts

While tort is a type of civil wrong, not all civil wrongs fall under tort law. There are other
branches of civil law like:
 Type of Civil Nature Why Not Tort?
Wrong
Breach of Failure to fulfill contractual Based on mutual agreement, not legal
Contract obligations duty to all

Trust Violation Misuse of property held in trust Governed by equity and fiduciary law
Family Law Personal relationships, not public duty
Divorce, custody, alimony etc.
Disputes breach

Examples for Better Understanding:

1. Tort (Civil Wrong) – Defamation:

A writes false information about B in a newspaper. B sues A for damaging
reputation – this is a tort.
2. Breach of Contract (Civil Wrong, Not Tort) –
A agrees to sell goods to B but fails to deliver. B sues for breach. The wrong arises
from the contract, not general legal duty – so, not a tort.

Conclusion:

 Tort = Civil wrong involving breach of legal duty owed to society or individuals,
not based on contract or trust.
 All torts are civil wrongs, but not all civil wrongs are torts.
 The primary aim of tort law is compensation, not punishment.